Landis v. Miles Homes, Inc.

Defendants appeal from the trial court orders denying their motions to set aside a tax deed and to be permitted to redeem.

Defendant, Darrell Diehl, and his then wife occupied premises owned by Diehl’s parents; they took title by warranty deed dated and recorded March 16, 1965. Prior to acquiring title, however, Darrell Diehl and his wife had executed a mortgage to the premises to defendant Miles Homes Inc. to secure an improvement loan. The mortgage was dated and recorded May 15, 1964.

As a tax sale held on October 23, 1967, Janet Landis, the tax deed petitioner, purchased the unpaid and…