Constance R. Johnson v. Joseph v. Gartlan, Jr., and Fredona M. Gartlan

SOBELOFF, Senior Circuit Judge:

Constance R. Johnson brought this action in equity to quiet title of land presently held by Mr. and Mrs. Joseph V. Gartlan, Jr. Miss Johnson’s late father, James N. Johnson, was the original owner of the land, which was seized and sold by the Internal Revenue Service to satisfy a tax claim against Mr. Johnson. The Gartlans’ predecessor in title purchased the land at the tax sale.

The District Court, 334 F.Supp. 438, held the tax sale void because the IRS violated provisions of the statute regulating such sales. As sole heir of Mr. Johnson, plaintiff was granted…