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SUNBURST BANK v. PATTERSON

971 S.W.2d 1 (1997)

SUNBURST BANK, Carlton Barnes, and Alma Jo Barnes, Plaintiffs/Appellees, v. Robert PATTERSON, Sr., Shelby County Trustee; Harold Sterling, Shelby County Assessor of Property; John Robertson, Clerk & Master of the Chancery Court for the Thirtieth Judicial District and Shelby County, Tennessee, Defendants/Appellants.

Court of Appeals of Tennessee, Western Section, at Jackson.

Application for Permission to Appeal Denied January 20, 1998.

Attorney(s) appearing for the Case

S. Russell Headrick, John S. Golwen, Memphis, for Plaintiff/Appellee, Sunburst Bank.

Lynn Cobb, Danny Presley, Memphis, for Defendants/Appellants, Robert Patterson, Jr., Shelby County Trustee, Harold Sterling, Shelby County Assessor of Property, John Robertson, Clerk & Master of The Chancery Court for the Thirtieth Judicial District and Shelby County, Tennessee.

Richard L. Winchester, Memphis, for Plaintiffs/Appellees, Carlton Barnes and Alma Jo Barnes.

Roger A. Stone, Memphis, for Defendants/Appellants, W.J. Wallace and Norma Wallace.

Application for Permission to Appeal Denied by Supreme Court January 20, 1998.

OPINION

LILLARD, Judge.

In this case, the trial court set aside the tax sale of a tract of realty because the lack of sufficient notice to the property owners and the mortgagor violated their constitutional right to due process. Relying on Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S.Ct. 2706, 77 L.Ed.2d 180 (1983), we...

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