DEPARTMENT OF REVENUE v. PRICE-WILLIAMS

87-956.

545 So.2d 7 (1989)

DEPARTMENT OF REVENUE v. Thornton PRICE-WILLIAMS and Elizabeth L. Price-Williams.

Supreme Court of Alabama.

April 28, 1989.


Attorney(s) appearing for the Case

Don Siegelman, Atty. Gen., and B. Frank Loeb, Chief Counsel, and John J. Breckenridge, Asst. Counsel, Dept. of Revenue, for appellant.

Mark J. Everest of Collins, Galloway & Smith, Mobile, for appellees.


KENNEDY, Justice.

The defendant, the Department of Revenue, appeals the trial court's ruling that certain State income tax liens and a sheriff's deed did not encumber the plaintiffs' title to real property. We reverse and remand.

The issue we address is whether the Department is a "judgment creditor without notice," within the meaning of that term in Code 1975, § 35-4-90.

On January 4, 1977, the plaintiffs purchased two parcels of farm land, lots...

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