Wood v. Lovett
Opinion of the Court
delivered the opinion of the Court.
This appeal presents the question whether an Arkansas Act of March 17,1937, as construed, and applied, violates Article I, § 10, of the Constitution.
March 20, 1935, an act of the legislature of Arkansas
“Whenever the State and County Taxes have not been paid upon any real or personal property within the time provided by law, and publication of the notice of the sale has been given-under a valid and proper description, as provided by law, the sale of any real or personal property for the non-payment of said taxes shall not hereafter be set aside by any proceedings at law or in equity because of any irregularity, informality or omission by any officer in the assessment of said property, the levying of said taxes, the making of the assessor’s or tax book,
Certain land in Desha County, Arkansas,' was sold to the State in 1933 for non-payment of 1932 taxes. The land was not redeemed and was certified to the State, as owner. In 1936 the Commissioner of State Lands, on behalf of the State, by deeds reciting his statutory authority so to do, conveyed to the appellants all the right, title, and interest of the State in two parcels of the land.
By an Act of March 17, 1937, the Act of March 20, 1935, was repealed.
January 10, 1939, the corporation which owned the land when sold for non-payment of taxes conveyed to the appellee, and, on January 21, he brought suit against the appellants to cancel the State’s deeds, to quiet his title, and for mesne profits or rents. He alleged that there were irregularities in the proceedings prior to the sale to the State which rendered it void. The appellants admitted the irregularities. It was agreed on all hands that though these irregularities would have constituted grounds for avoiding the sale but for the provisions of the Act of 1935, they would not have been available to the appellee if the Act were still in force. The trial court entered a decree in favor of the appellee which the Supreme Court affirmed.
The appellants contended in the courts below, and con
For present purposes it is unnecessary to recite the statutory procedure for assessment, levy, and collection of real estate taxes in Arkansas. If the taxes levied become delinquent, a sale by the Collector is authorized. If no person bids the amount of the delinquent taxes, penalty, and costs, the Collector is to bid in the property in the name of the State.
As the Supreme Court has indicated in this case, Act 142 of 1935 was one of a series of statutes adopted to prevent the setting aside of tax sales and titles based upon them, for informalities and irregularities in the assessment and levy of taxes and the sale of property for delinquent taxes, which had seriously impeded the effective collection of taxes and diminished the State’s revenue.
In Berry v. Davidson, 199 Ark., 276, 280; 133 S. W. 2d 442, the court, after referring to several similar acts, said:
“. . . we now think it apparent that the legislature wag endeavoring to find and put into effect a remedy or means to correct the evils growing out of nonpayment of taxes, to prevent tax evasion. For many years it.was a recognized proposition that tax forfeitures and sales of land on account thereof were well nigh universally held ineffectual to convey title, and there is perhaps at this time, no doubt, that there was a general recognition of the futility of taxing laws; that it was thought by many that people need not pay taxes if they were willing to meet the worry and expenses of litigation in regard thereto.”
“Act 142, above mentioned, while it was still in force, was another evidence of the legislature’s effort and strugglé to correct or cure these well grounded and long established practices illustrating the futility of the law requiring payment of taxes. Out of all this has come Act 119 of the Acts of 1935 construed and upheld in the last eited case. [Fuller v. Wilkinson, 198 Ark. 102, 128 S. W. 2d 251.] According to the terms of that statute, when it shall have been invoked in regard to such tax sales, we must, and do, hold that the decree of confirmation of a sale to the state ‘operates as a complete bar against any and all persons,
It is evident from these-statements that the purpose of Act 142 was definitely to assure purchasers from the' State that the land bought by them could not be taken away from them on grounds theretofore available to the delinquent taxpayer.
In its opinion in the present case, the court lays stress on the fact that Act 142 was not a curative act, although in earlier decisions it had repeatedly so designated it.
The Act of 1935 must be viewed in the setting of the statutory scheme,of taxation, sale of forfeited lands to the State, and sale in turn by the State. Its purpose was to .assure onefewilling to purchase from the State a title immune from attack on.;grounds theretofore available. By its legislation the State said, in effect, to the pro
The federal and state courts have held, with practical unanimity, that any substantial alteration by subsequent legislation of the rights of a purchaser at tax sale, accruing to him under laws in force at the time of his purchase, is void as impairing the obligation of contract.
.As in the cases cited, so here, the question is whether the State granted a valuable right which it subsequently essayed to take away. The Supreme Court of Arkansas sustained the constitutional validity of Act 142.of 1935 on the obvious ground that a'taxpayér has no vested right in any given form of procedure for forfeiture of lands for non-payment of taxes. As that court has held, the extent of his right is that he shall have notice of the sale and a fair opportunity to prevent forfeiture for default. It is suggested that the act of the State in depriving the taxpayer of the right to set aside a sale for technical procedural' defects is of like quality with the State’s attempt to restore the taxpayer’s rights against the appellants who purchased from the State. But obviously the two acts are not of the same quality. The taxpayer had neither a contract nor any other constitutional right as against the State to insist upon any given form of procedure, so long as what was done in forfeiting his lands was not arbitrary or unfair. But the appellants, as purchasers from the State, were given, by the Act of 1935, an important assurance that the State would not itself take away or authorize others to destroy the estate which it had granted, by reason of technical defects in procedure cured by the Act of 1935.
The appellee suggests that it is significant that the State, was not a party to this suit, and was not, therefore, seeking to take back what it had granted. But, as Fletcher v. Peck,
It begs the question to say that'the State may not abdicate its police power. In the exercise of the policy committed to the legislature it is competent for the State to enter' into a contract which it intends as an assurance of protection to its grantee.
Reversed.
Act 142 of 1935.
Act 264 of 1937.
The words of the Act are: “That Act 142 of the Acts of 1935 be and the same is hereby repealed.”
Pope’s Digest 1937, § 13849.
Id., § 13853.
Id., § 13855.
Id., § 13868.
Id., § 13876.
Id., §§ 8610, 8620.
Carle v. Gehl, 193 Ark. 1061; 104 S. W. 2d 445; Deaner v. Gwaltney, 194 Ark. 332; 108 S. W. 2d 600; Lambert v. Reeves, 194 Ark. 1109; 110 S. W. 2d 503; 112 S. W. 2d 33; Gilley v. Southern Corporation, 194 Ark. 1134; 110 S. W. 2d 509; Foster v. Reynolds, 195 Ark. 5; 110 S. W. 2d 689; Wallace v. Todd, 195 Ark. 134; 111 S. W. 2d 472; Burbridge v. Crawford, 195 Ark. 191; 112 S. W. 2d 423; Kansas City Life Ins. Co. v. Moss, 196 Ark. 553; 118 S. W. 2d 873; Sanderson v. Walls, 200 Ark. 534; 140 S. W. 2d 117.
Woodruff v. Trapnall, 10 How. 190, 205.
Corbin v. Commissioners, 3 F. 356; Marx v. Hanthorn, 30 F. 579 (see 148 U. S. 172, 182); Tracy v. Reed, 38 F. 69; Walker v. Ferguson, 176 Ark. 625, 3 S. W. 2d 694; Chapman v. Jocelyn, 182 Cal. 294, 187 P. 962; Hull v. Florida, 29 Fla. 79, 11 So. 97; State Adjustment Co. v. Winslow, 114 Fla. 609, 154 So. 325; Morris v. Interstate Bond Co., 180 Ga. 689, 180 S. E. 819; Bruce v. Schuyler, 9 Ill. 221; Solis v. Williams, 205 Mass. 350, 91 N. E. 148; Curry v. Backus, 156 Mich. 342, 120 N. W. 796; Rott v. Steffens, 229 Mich. 241, 201 N. W. 227; State v. McDonald, 26 Minn. 145, 1 N. W. 832; Blakeley v. L. M. Mann Land Co., 153 Minn. 415, 190 N. W. 797; Price v. Harley, 142 Miss. 584, 107 So. 673; State v. Osten, 91 Mont. 76, 5 P. 2d 562; Pace v. Wight, 25 N. M. 276, 181 P. 430; Dikeman v. Dikeman, 11 Paige (N. Y.) 484; State v. Stephens, 182 Wash. 444,
Home Building & L. Assn. v. Blaisdell, 290 U. S. 398, 429.
The phraseology of the deed is: “And it is hereby further agreed by and between the parties to these presents, and the true intent and meaning hereof, is that this present grant and evefy word or thing in the same contained shall not be construed or taken to be a covenant
Indiana ex rel. Anderson v. Brand, 303 U. S. 95.
Dissenting Opinion
dissenting:
There is far more involved here than a mere litigation between rival claimants to a few hundred acres of Arkansas land. In my view, the statute here stricken down is_but one of many acts adopted both by Congress and by state legislatures in an effort to meet the baffling economic and sociological problems growing out of a nationwide depression. These problems — among them the owners’ loss of homes and farms, chiefly through mortgage sales and tax forfeitures and the states’ concomitant loss, of tax revenues — challenged the wisdom and capacity of the nation’s legislators.
Among the efforts of Arkansas’ legislators to meet these1 problems was the legislation adopted by Act 142 of 1935 and repealed by Act 264 of 1937 — the repealing act being the statute here held invalid. It is quite apparent that considerations of public policy induced the. Arkansas legislature to pass the. 1935 act whereby Arkansas courts were prohibited from setting aside certain .types, of defective tax sales “by any proceedings at law or in equity.” At the time that act was passed, more than
Both the 1935 act and the 1937 act repealing it touch on Arkansas’ policy as to taxation, tax forfeiture, and land ownership — matters of public policy which are of vital interest to the state and all its citizens. It was a matter of serious moment to Arkansas that 25% of the state’s privately owned land — homes, farms, and other property— was in jeopardy of being taken from its owners because of inability to pay taxes. If only 50% of the forfeitures were homes and farms, simultaneous ouster of so many, citizens could result in forced migrations and discontents disastrous in their consequences. The manifestations of financial distress revealed by the widespread delinquency spotlighted conditions which called for the best in legislative statesmanship. To seek a rational and fair solution to the problem was not only within the power of Arkansas’ lawmakers, but was also their imperative duty. Without attempting to judge the wisdom or equities of either act, it is easy to see that both the 1935 and the 1937 act represented rational and understandable attempts to achieve such a, solution. To hold that the contract clause of the Federal Constitution is a barrier to the 1937 attempt to restore to the distressed landowners the remedy partly taken away by the 1935 act is, in my view, wholly inconsistent with the spirit and the. language of that Constitution.
As already stated, Arkansas was not faced with a problem peculiar to that state alone. At the depth of the depression, over 20% of all real property in the United States was tax delinquent.
The states, and the federal government also, were faced with a “financial crisis [which had] the same re-, suits as if it were caused by, flood, earthquake, or disturbance in nature.”
So much for the general setting which gave rise to the law here held invalid. In order better to understand the effect that law had on. the appellants ánd the ap-pellee, it is necessary-to consider other provisions of Arkansas law.
At the time appellants secured from the state a quitclaim deed to the lands here in question, the law provided two alternative means of assuring purchasers of tax forfeited lands against loss:
(1) Such purchasers, under certain circumstances, could hold on to the land through the protection afforded by the remedial processes of the courts;
(2) In case they could not hold on to the land, such purchasers were afforded the protection of a judicially enforceable right to be reimbursed by the landowner for the amount paid out for purchase price and subsequent taxes, with interest, as well as for improvements — all in the event that the former owners of the land should for any reason be able to prove that the lands had never been validly forfeited. Ark. Dig. Stats. (Pope, 1937) §§ 4663-4665, 13881.
From my study of the case I am of opinion that:
(1) The 1937 Arkansas statute here attacked neither impaired nor sought to repudiate any contractual agreement, or obligation expressly or impliedly assumed by the state;
(.2) The 1937 Arkansas statute was enacted well within the state’s general legislative powers and is in no way inconsistent with the true intent and fair interpretation of the federal constitutional prohibition which commands that “No State shall . . . pass any . . . Law impairing the Obligation of Contracts . . .”
First. The state, by quitclaim deeds, without any express warranty whatever, conveyed the lands in question to appellants: It is appellants’ claim that an “obligation of the contract created by the grant of the State” has been impaired by the Arkansas statute. Stripped of surplus verbiage, appellants’ naked contention is that Arkansas, by its quitclaim sale- and conveyance, obligated itself, to refrain from thereafter passing a general legislative enactment if such enactment would affect in any manner any of the legal means provided to protect tax sale purchasers against loss. We need not here consider whether under the Arkansas Constitution the legislature could have thus bargained away the state’s legislative power in setting up a scheme for the sale of tax forfeited land. For there was no attempt on the part of the state officials who made the sale to exercise any such extraordinary authority.
A deed to property without warranty is an agreement to transfer whatever title the grantor has. And even without express language to that effect in the conveyance, it is reasonable to say that a valid quitclaim con
In this case Arkansas has fully complied with the express terms of its contract. For there was certainly no express obligation on the part of Arkansas that its general laws concerning forfeiture of property and sale of land should remain static. Nor do I believe that any such obligation can properly be implied. Arkansas did not agree with the appellants that it would keep on its statute books legislation which in effect forfeited its citizens’ lands in a way and manner which was directly in the teeth of what had been the Arkansas law at the time the alleged forfeitures occurred. And I do not believe that we should compel the accomplishment of such a result by what I conceive to be a stretching of the contract clause of the Federal Constitution.
Second. Measured either by the constitutional provision itself or by that provision as construed by prior decisions of this Court, I am of opinion that the Arkansas statute is consistent with what was referred to in Home Building & Loan Assn. v. Blaisdell, 290 U. S. 398, 438-439, as.the true intent and fair interpretation of the contract clause.
Writing in 1817, Judge Livingston, of the Federal Circuit Court of New York, had this to say of the contract clause: “There is not, perhaps, in the Constitution any article of more ambiguous import, or which has occasioned, and will continue to occasion, more discussion and disagreement, . . ..or the. application of which to the cases which occur, will be attended with more perplexity and embarrassment. . . . and it will not be surprising if, in the discharge of it, great diversity of opinion should arise.” Adam v. Storey, Fed. Cas. No. 66; 1 Paine’s Rep. 79, 88-89. In Home Building & Loan Assn. v. Blaisdell, supra, written in 1933, appears a resumé of previous decisions which
The Blaisdell decision represented a realistic appreciation of the fact that ours is an evolving society and that the general words of the contract clause were not intended to reduce the legislative branch of government to helpless impotency. See Veix v. Sixth Ward Building & Loan Assn., 310 U. S. 32, 38. Whether the contract clause had been given too broad a construction in judicial opinions prior to the Blaisdell decision is not now material. And whether I believe. that the language quoted from the Blaisdell opinion constitutes the ultimate criteria upon which legislation should be measured I need not now discuss. For I am of opinion that the Arkansas statute, passed in pursuance of a general public policy of that state, comes well within the permissible area of state legislation as that area is defined by the Blaisdell case and the decisions upon which that case rests.
Ark. Acts 1935, No. 119, § 12. In Desha County, where the lands here involved are located, tax delinquency as of December 31, 1933, amounted to 57.5%. This was the highest figure reported for any county in the state. Bealty Tax Delinquency (Bureau of the Census, 1934) Vol. I, part II, Arkansas, pp. 3-4. And see Brannen, Tax Delinquent Bural Lands in Arkansas (University of Arkansas, College of Agriculture, Bulletin No. 311, 1934) passim.
Brannen, Tax Delinquency in Arkansas, 15. Southwestern Social Science Quarterly 201, 206-207 (1934); Brannen, Tax Delinquent Bural Lands in Arkansas, supra, p. 35. And see Berry v. Davidson, 199 Ark. 276, 280; 133 S. W. 2d 442.
Arkansas has expressed its continuing solicitude in this regard by numerous acts of its legislature. For example, by such an act Arkansas taxpayers were permitted to-retain title to. their real property for three years by paying taxes, for only one year. See Third Biennial Beport, Arkansas State Tax Commission (1931-32) p. 6.
Ochiltree v. Railroad Co., 21 Wall. 249, 251.
Realty Tax Delinquency, (Bureau of the Census, 1934) Yol. 1, pp. 6-7. By states, tax delinquency varied from a low of 6% in-Massachusetts to a high of 40.5% in Michigan. Nprth Dakota (37.5%), Illinois (37%) and Florida (36%) followed close-after Michigan.
Putney, Tax Delinquency in the United States, in Editorial Research Reports (Vol. II, 1935) 327. And see Fairchild, The Problem of Tax Delinquency (1934) 24 American Economic Review140, 144.
’Proceedings of the National Tax Association (1933) 28-30; of. id. (1934) 30-31. For a complete list of changes in tax.collectionypro-cedure made during the 1930-1934 period, see Realty Tax Delinquency (Bureau.of the Census, 1934) Vol. 1, pp. Ia-IIi.
Justice Olsen of the Minnesota Supreme Court, as quoted in Home Building & Loan Assn. v. Blaisdell, 290 U. S. 398, 423.
Home Building & Loan Assn. v. Blaisdell, supra, at 424.
Cf. The Farm Debt Problem, Letter from the Secretary of Agriculture (73rd Cong., 1st Sess., House Doc. No. 9) pp. 26-29.
Home Building & Loan Assn. v. Blaisdell, supra, at 434-435.
There were three principal ways by which purchasers of tax titles could hold on to the land:
(1) By acquiring a valid tax deed. (The tax deeds here were admittedly invalid under the laws existing at the time of forfeiture.)
(2) By two years open and adverse possession. (Though over two years had elapsed between the date of purchase and the beginning of this litigation, the courts below found that the purchasers had not availed themselves of this remedy.)
(3) By failure of the former landowner to compensate the purchaser for his expenditures. (The order of the court below provided that such compensation be paid.)
6 Cranch. 87, 137. In that case Mr. Justice Johnson denied that the impairment of contract clause, was intended to apply to contracts already fully executed. Id., at 145. That question, however, is not material to the'point here under discussion.
The only part of the Blaisdell decision mentioned by the Court in the case at bar is a passage quoting a statement which in Blaisdell the Chief Justice quoted from Von Hoffman v. City of Quincy, 4 Wall. 535, 550, 552: “the laws which subsist at the time and place of the making of a contract, and where it is to be performed, enter into and form a part of it, as if they were expressly referred to or incorporated in its terms.” The Court now quotes this language as the governing law. In the Blaisdell case, however, the Chief Justice followed the quotation with this statement: “But this broad language cannot be taken without qualification.' Chief Justice Marshall pointed out the distinction between obligation and remedy. Sturges v. Crowninshield, supra [4 Wheat. 122], p. 200. Said he: 'The distinction between the obligation of a contract, and the remedy given
Treat v. Orono, 26 Me. 217; Lisso & Bro. v. Natchitoches, 127 La. 283; 53 So. 566; Lynde v. Melrose, 10 Allen (Mass.) 49. And
Wilson v. Sbandefer, 184 U. S. 399, 412.
Reference
- Full Case Name
- WOOD Et Al. v. LOVETT
- Cited By
- 78 cases
- Status
- Published