Miller v. McKenna

TRAYNOR, J., Dissenting.

The majority opinion fails to specify any statutory requirement that the notices of sale did not meet. It states that the trial court found the notices of sale fatally defective because they omitted the word “penalties” in stating the amount due. Actually, however, there is no finding by the trial court as to why the notices were invalid or in what manner they departed from the statutes then in effect.

If any irregularity exists it is essential that it be identified. If there was no departure from the statutory requirements the tax deeds are valid; if there was, it is…