CONNIE MUNN MACCAUGHELTY v. JOHN R. SHERROD, III - Articles

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CONNIE MUNN MACCAUGHELTY v. JOHN R. SHERROD, III

Posted by: Karen Belcher on Apr 13, 2023

Court: TN Court of Appeals

Attorneys 1: John M. Richardson, Jr., Chapmansboro, Tennessee, for the appellant, Connie Munn MacCaughelty.

Attorneys 2: S. Madison Roberts, IV, Lauren Paxton Roberts, and Jonathan D. Burnley, Franklin, Tennessee, for the appellee, John R. Sherrod, III.

Attorneys 3: Wallace W. Dietz, Catherine J. Pham and J. Brook Heavener, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville & Davidson County.

Judge(s): DAVIS

Buyer of property at delinquent tax sale filed suit against the property’s former owner to quiet title. The former owner filed an answer and counterclaim, alleging, lack of notice concerning the underlying delinquent tax lawsuit and violation of her due process rights. The trial court dismissed the counterclaim with prejudice, concluding the counterclaim was time-barred by the applicable statute of limitations for invalidating tax sales, and ruled for the buyer in the quiet title action. We hold that the former owner failed to institute a legal challenge to the tax sale within the limitations period despite having adequate notice of the sale. Accordingly, we affirm the judgment of the trial court in all respects.

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