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Session Laws, 1969
Volume 692, Page 851   View pdf image
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MARVIN MANDEL, Governor                          851

properly recorded instrument, including a will but not including any
mortgage or deed of trust in the nature of a mortgage, and (2) any
dedication to public use made and accepted prior to such time.
[; but if,] If, in the judgment of the Court, good cause be shown
against the ratification of the sale of any parcel of land or other
property so sold, the said sale shall be set aside as to such parcel
or property, in which case the said County Treasurer shall, and he
is hereby authorized to, within thirty days, proceed to a new sale
of said property, out of the re-sale of which shall be refunded the
purchase money paid to the County Treasurer on said rejected sale,
and all taxes assessed on said property since said sale, and all costs
and expenses properly incurred in said Court, with interest on all
such sums from the time of payment, but such sale shall not be set
aside if the provisions of law appear to have been substantially com-
plied with, and the burden of proof shall be on the exceptant to
show the same to be invalid; and for the purpose of making a just
distribution of the proceeds of any sale ratified and confirmed the
said Court may pass all such other or subsequent orders as may be
just and equitable.

209.

If the property so sold shall not be redeemed at the expiration of
one year and a day from the day of sale, provided the sale has been
finally ratified, the County Treasurer making such sale, when re-
quired, and on payment of the full amount of the purchase money,
shall execute, acknowledge and deliver a good and sufficient deed for
the same to the purchaser, and such deed shall convey a fee simple
title to the property, subject only to such easements, restrictions
and dedications as are described in Section 207.
[and the] The con-
veyance of the successor in office of the County Treasurer who made
such sale shall be as valid to all intents and purposes as it would
have been if made by the County Treasurer who made the sale, and
in any case where a County Treasurer or his successor shall refuse
to execute a deed for the conveyance of real estate sold and ratified,
the Court ratifying such sale may appoint a trustee to execute such
deed, upon application of the purchaser, and said trustee shall act
pursuant to said order; and the Court to whom the report is made
shall have full power and authority in the same proceeding, on ap-
plication by the County Treasurer or his successor, to compel the
purchaser to comply with all or any of the terms of sale by process
of attachment or other execution suited to the case, or the Court,
upon such application, may direct the property purchased to be
re-sold, at the risk of the purchaser, at such time and on such terms
as the Court may direct and if the proceeds from the re-sale, after
the payment of the expenses thereof and of all costs of the proceed-
ing, shall not be equal to the amount of the purchase money
originally bid therefor, the Court may order and direct the differ-
ence to be paid by the sa