Simms v. Scheve’s Empirical Analysis
1983
Citation profile
13 state decisions
How this case has been cited
Cited by 13 later decisions — most recently February 2021
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Thomas v. Kolker · Suburban Development Corp. v. Perryman · McMahon v. Crean · Free v. Greene · Dampman v. Litzau
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 13 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““[u]npaid taxes on real estate constitute a lien on that property. [§ 14-804]. Generally, within two years from the date taxes become in arrears the jurisdiction’s collector must sell the land. [§ 14-808]. Notice of the proposed sale must be given to the owner at least thirty days before the property is advertised for sale and the owner is notified that if he does not pay the taxes within thirty days, the property will be sold. [§ 14-812]. After the sale is properly advertised, the property is sold at public auction. [§ 14-817]. The purchaser of the property is given a certificate of sale which includes a description of the property, the amount for which the property was sold, and information as to the time in which an action to foreclose the owner’s right of redemption must be brought. [§ 14-820]. The owner may redeem the property at any time until the right of redemption has been finally foreclosed by paying the required sum to the collector, who transfers the money to the purchaser in exchange for the tax sale certificate. [§§ 14-827 to 14-828]. Sections [14-832.1 to 14-848] define the purchaser’s ability to foreclose the right of redemption. These provisions are to be ‘liberally construed as remedial legislation to encourage the foreclosure of rights of redemption by suits in the [circuit] courts and for decreeing of marketable titles to property sold by the collector.’ [§ 14-832]. The holder of the certificate of sale may file [a complaint] to foreclose the owner’s right”
2 later decisions quote this exact passage“These provisions are to be [“construed to ensure a balance between: (1) the due process and redemption rights of persons that own or have an interest in property sold at a tax sale; and (2) the public policy of providing marketable title to property that is sold at a tax sale through the foreclosure of the right of redemption.”] [§ 14-832], The holder of the certificate of sale may file [a complaint] to foreclose the owner’s right of redemption after [six months (nine months in Baltimore City)] from the date of the sale.... The [complaint] must be filed within two years or the certificate is void. The owner may redeem the property at any time until the right of redemption has been finally foreclosed. [§ 14-833]. The purchaser initiates the foreclosure proceeding in the [circuit] court by filing a [complaint as detailed in § 14-835] and attaching the certificate of sale issued by the collector . . . .” [ 6 ]”
1 later decision quote this exact passage“As discussed above, §§ 97-123C of Article 81, outline a complete, clear, and logical procedure for foreclosing this right. Simms’s argument that the equity Rules requiring the decree pro confesso apply simply is not correct. In fact, Maryland Rule BS40[ 9 ] governing tax sales merely refers to §§ 70-123, thus acknowledging the statute’s exclusivity in defining the applicable procedure. Although this section notes that general equity practice applies, it specifically excludes such practice if “otherwise provided in this subtitle.” Other sections of Article 81 clearly indicate that the decree pro confesso is not required. Thus, the statute has logically replaced the decree pro confesso with a special subpoena designed to inform the defendant of the consequences of inaction. No further notice is required for the foreclosure proceeding to become complete.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.