House v. Mainka

HURST, V. C. J.

(dissenting). There are two reasons why I cannot agree with the majority opinion.

1. In holding that the notice of resale was fatally defective because it included the last quarter of the 1940 taxes, the majority relies upon Shnier v. Vahlberg, 188 Okla. 471, 110 P. 2d 593. That case was based upon the 1939 resale, and did not involve the validity of the sale, but only whether delinquent taxes not included in the resale notice were canceled by the resale. Section 1 of the 1939 Resale Act (68 O. S. 1941 § 432) provided that the 1939 resale should be held on the third Monday of…