Legal Opinion

Department of Revenue v. Price-Williams

Supreme Court of Alabama

Decided April 28, 1989No. 87-956PublishedCited by 5 opinions

1Opinion of the Court

The defendant, the Department of Revenue, appeals the trial court's ruling that certain State income tax liens and a sheriff's deed did not encumber the plaintiffs' title to real property. We reverse and remand.

The issue we address is whether the Department is a "judgment creditor without notice," within the meaning of that term in Code 1975, § 35-4-90.

On January 4, 1977, the plaintiffs purchased two parcels of farm land, lots 714 and 715, from Murdock C. Stephens and Carmen M. Stephens for $85,000 and received a warranty deed. However, the plaintiffs neglected to record their deed to lots…

2Cases cited5 opinions

  1. Hamm v. HarriganSupreme Court of Alabama · 1965
  2. Sparks v. Brock & Blevins, Inc.Supreme Court of Alabama · 1962
  3. State v. WoodroofSupreme Court of Alabama · 1950
  4. King v. ArtmanSupreme Court of Alabama · 1932
  5. Lambert v. STATE DEPT. OF REVENUECourt of Civil Appeals of Alabama · 1982

3Cited by5 opinions

  1. Haas v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1994
  2. Monroe v. MartinCourt of Civil Appeals of Alabama · 1998
  3. BALDWIN COUNTY FED. SAV. v. Central BankSupreme Court of Alabama · 1991
  4. Dept. of Revenue v. Price-WilliamsSupreme Court of Alabama · 1992
  5. Haas v. Internal Revenue ServiceCourt of Appeals for the Eleventh Circuit · 1994

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