Legal Opinion · Concurrence

Daugherty v. Rester

Supreme Court of Alabama

Decided March 25, 1994No. 1921461Published

1Concurrence

The public policy of this State has been to favor an action by the original owner for redemption of land sold for taxes. "Redemption statutes . . . are to be construed most favorably to the redemptioner." Jim Walter Homes, Inc. v. Blake,544 So.2d 161 at 164 (Ala. 1989); Reuter v. Mobile Bldg. Constr.Trades Council, 274 Ala. 614, 150 So.2d 699 (1963).

This appeal is from a summary judgment, and the facts are not in dispute. The tax purchasers (the Daughertys) are not in possession of the land; the original owners (Rester and Southern Power) are. Rester and Southern Power's $ 200,000 building is…

2Cases cited10 opinions

  1. Tensaw Land & Timber Co. v. RiversSupreme Court of Alabama · 1943
  2. Hand v. StanardSupreme Court of Alabama · 1980
  3. Moorer v. ChastangSupreme Court of Alabama · 1946
  4. Gulf Land Co., Inc. v. BuzzelliSupreme Court of Alabama · 1987
  5. Burdett v. RossiterSupreme Court of Alabama · 1930

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