M.J.M. Financial Services, Inc. v. Burgess

Dissenting Opinion by

Judge MacPhail:

I respectfully dissent.

As indicated in the majority opinion, the tax sale was set aside because notice of the sale was given to an incompetent rather than the incompetents duly appointed guardian. M. J. M. contends that the evidence establishing this fact was not by sworn testimony. The record indicates that the guardian, who is also an attorney, made a statement to the Court that he was the guardian appointed by the trial judge hearing the matter now on appeal and that notice of the sale was not given to him. The attorney for the Tax Sale Bureau (Bureau)…