National Surety Corp. v. Smith

(specially concurring). I believe that our previous opinion correctly disposed of all contentions then submitted. I dissent from the reasoning employed by the majority. I concur in the result that they reach. My reasons follow.

It will be recalled that in 1935 Marion County instituted in the circuit court an omnibus tax foreclosure suit, entitled Marion County v. Highstone, affecting 1100 items of tax delinquent real property. The suit culminated in a decree which ordered the sale of the 1100 delinquent properties. Among the latter were the property involved in this action and another parcel…