Weiner v. Weirich

Grason, J., delivered the opinion of the Court. On September 15, 1936, certain property assessed to Arthur C. Weirich in St. Mary’s County was sold by Joseph B. Drury, who was at that time Treasurer of said County, and Collector of State and County taxes therein. The property sold consisted of two lots in Block 13 in a subdivision known as Point Looktout, in the First Election District of said County. The property was sold to Ike Weiner for $8, and the sale was ratified and confirmed by the Circuit Court for St. Mary’s County.

On November 18, 1949, the said Drury was dead and Charles J. Mattingly was Treasurer and Collector of State and County taxes for St. Mary’s County. On that day lyiattingly issued a Certificate of Sale for the property sold to Ike Weiner, which Certificate of Sale was duly assigned to Joseph D. Weiner and Irta Weiner, his wife. The Assignees, on November 22, 1949, instituted an equity proceeding in the Circuit Court for St. Mary’s County against the said Weirich and other defendants. The purpose of the bill was to foreclose the right of redemption of certain properties belonging respectively to Weirich and the other defendants, which were sold at public auction for taxes.

The bill prayed for a final decree “foreclosing all rights of redemption of the defendants in and to the said properties”, and for other relief. ⁵⁴¹ On January 27, 1950, Arthur C. Weirich filed a petition in said cause to redeem his property which was sold as aforesaid. The petition, in substance, averred he is the owner of the lots sold, and cites his title deed; that he desires to redeem said property and is prepared to pay what said property sold for at the tax sale, to wit, $8, together with 6% interest thereon from the day of sale; also he is prepared to pay all taxes with interest and penalties thereon accrued subsequent to the date of sale, actually paid by the purchaser of said real estate, the said Ike Weiner, or any subsequent holder thereof, together with the total disbursements of said Ike Weiner or his assigns, in accordance with the provisions of Article 81, section 71A, etc., Maryland Code, title, “Revenue and Taxes”, subtitle, “Tax Sales”; that he is not advised at this time to the amount necessary for redemption of said real estate in accordance with the provisions of the aforesaid subtitle; that he requested the plaintiffs, and that they have failed to give the petitioner information as to the amounts paid as aforesaid by them or the said Ike Weiner for taxes on said property, or other disbursements made in accordance with the provisions of said subtitle. The petitioner prayed that the court fix the amount necessary