Dillman v. Foster

I respectfully dissent for the reason that the main opinion confuses the long-established principles of law applicable to tax titles and adverse possession.

The majority of the Court concludes that plaintiff R. Earl Dillman, in purchasing the subject property at tax sale, did so as a constructive trustee for all claimants of title acquired thereafter. I deem that conclusion to be without substance or support.

The main opinion espouses a public policy in opposition to Dillman’s contention of nonliability for the payment of the 1964 taxes, when the opinion states that such contention is “contrary…