Sorrell v. Estate of Carlton (Opinion)Annotate this Case
The Supreme Court affirmed the judgment of the court of appeals affirming the judgment of the trial court concluding that an owner who tendered substantially all of the money required by Tex. Tax Code 34.21 could redeem real property purchased at a tax sale after the purchaser's deed was recorded, holding that the trial court did not abuse its discretion in concluding that the owner substantially complied with the requirements of section 34.21(e).
The owner of the property in this case was the Estate of Benjamin Hardy Carlton, III. The property was sold at a sheriff's sale to enforce a judgment obtained from several taxing authorities. Plaintiff successfully bid for it, and Plaintiff then recorded his deed. Before its deadline to redeem the home the Estate paid eighty-eight percent of the total due. The Estate then sued Plaintiff seeking a declaration of redemption. The trial court concluded that the estate had effectively exercised the right of redemption by making substantial compliance and tendering full compensation within the redemption period. The court of appeals affirmed. The Supreme Court affirmed, holding that the trial court did not abuse its discretion in concluding that the Estate's tender satisfied the statute.