Crowell, Joseph M.

English

University of Florida Levin College of Law

Florida Law Review Volume 1 Issue 2 Article 20 March 2021 Soldiers' and Sailors' Civil Relief Act: Redemption of Property Sold During Term of Military Service Joseph M. Crowell Follow this and additional works at: https://scholarship.law.ufl.edu/flr  Part of the Law Commons Recommended Citation Joseph M. Crowell, Soldiers' and Sailors' Civil Relief Act: Redemption of Property Sold During Term of Military Service, 1 Fla. L. Rev. 314 (2021). Available at: https://scholarship.law.ufl.edu/flr/vol1/iss2/20 This Case Comment is brought to you for free and open access by UF Law Scholarship Repository. It has been accepted for inclusion in Florida Law Review by an authorized editor of UF Law Scholarship Repository. For more information, please contact kaleita@law.ufl.edu. 314 UNIVERSITY OF FLORIDA LAW REVIEWthe responsibility of the war against inflation.11 Under existing circum-stances the decision of the circuit court of appeals was clearly correct. 12SAUL W. GOLDSTEINSOLDIERS' AND SAILORS' CIVIL RELIEF ACT:REDEMPTION OF PROPERTY SOLD DURINGTERM OF MILITARY SERVICELe Maistre v. Lefjers, 68 Sup. Ct. 371 (1948)Le Maistre owned real estate in Florida on which taxes becamedelinquent April, 1940, and on which a tax certificate was issued August,1940. In accordance with Florida statutory procedure' a tax deed wasissued March, 1943. Le Maistre went on active duty in the Navy August,1942, and served until December, 1945. In March, 1946, relying onSection 205 of the Soldiers' and Sailors' Civil Relief Act of 1940,2 heinstituted this suit in equity to set aside the tax deed and redeem theland by payment of the taxes. Section 205 provides, in part, that militaryservice shall toll the running of any period provided for redemption ofreal property. The circuit court denied relief, and the Florida SupremeCourt affirmed 3 on authority of De Loach v. Calihan,4 which held thatSection 205 indicates the period of indulgence while Section 5005 indi-cates the class of real property on which a soldier or sailor is granted"1 Hecht Co. v. Bowles, 321 U. S. 321 (1944).'Fleming y. Rhodes, 67 Sup. Ct. 1140 (1947); Porter v. Harrison, 68 F. Supp.274 (E. D. Mo. 1946); cf. Woods v. Cloyd W. Miller Co., 68 Sup. Ct. 421 (1948);Bowles v. Ell-Carr Co., 71 F. Supp. 482 (S. D. N. Y. 1947); Bowles -v. Ormesher, 65F. Supp. 791 (D. Neb. 1946). But cf. Porter v. Wilson, 69 F. Supp. 447 (D. Ore.1947).1FIA. STAT. 194 , cc. 193, 194.254 STAT. 1178, So U. S. C. App. § 525 (1940), as amended, 56 STAT. 769, S0U. S. C. App. §525 (Supp. 1942).'Le Maistre v. Leffers, 31 So.2d 155 (Fla. 1947).'30 So.2d 910 (Fla. 1947).854 STAT. 1178, 50 U. S. C. App. §560 (1940), as amended, 56 STAT. 769, 50U. S. C. App. §560 (Supp. 1942), "The provisions of this section shall apply whenon taxes or assessments... in respect of . .. real property owned and occupied fordwelling, professional, business; or agricultural purposes .... t1Crowell: Soldiers' and Sailors' Civil Relief Act: Redemption of Property SPublished by UF Law Scholarship Repository, 2021CASE COMMENTSindulgence. On certiorari, HELD, the Florida court read the act too re-strictively. Le Maistre's failure to show that his property came withinthe provisions of Section 500 did not bar recovery. Reversed.The legislature expresses its intention by written enactments, andthat intention must primarily be ascertained from the language used in thestatute itself.8 It is a settled principle of law that in the constructionof any statute the court should attempt to follow the words of the statutein an effort to reach its intended effect.7 In the absence of precedent thecourt must rely wholly on its own construction and interpretation of thestatute as written, giving paramount consideration to the intent of thelegislature.8 When the language is not explicit, the legislative intent isto be gathered from the causes which moved the legislature to enact thelaw.9  The Florida court considered the language dear. The UnitedStates Supreme Court decided that, though the statute specifically limitedthe complainant to the type of property named, 'the beneficient purposeof the act would be destroyed if such a technical construction were allowed.In strict construction of a statute, courts refuse to extend the importof words used so as to embrace causes or acts which the words do notclearly describe; in liberal construction, courts enlarge or restrict thewords of the statute so as to accomplish more effectively the purposeintended.10 When the court adheres to the mere letter of the statute,there is always the possibility that it will fail to penetrate deeply intothe general purpose."The United States Supreme Court and the courts of several stateshave previously given liberal construction to other sectionsl2 of theSoldiers' and Sailors' Civil Relief Act, but this is the first interpretation'United States v. Goldenberg, 168 U. S. 95 (1897).7United States v. Standard Brewery, Inc., 251 U. S. 210 (1920); State v. Leuch,156 Wis. 121, 144 N. W. 290 (1913); 3 SUTERLAND, STATUTORY CONSTRUCTON§5504 (3d ed. 1943).'United States v. Rosenblum Truck Lines, 315 U. S. 50 (1942); United States v.Cooper Corp., 312 U. S. 600 (1941); Steele v. Gann, 197 Ark. 480, 123 S. W.2d 520(1939); People v. Rapini, 107 Colo. 363, 112 P.2d 551 (1941); Bradley v. State, 79 Fla.651, 84 So. 677 (1920).'United States v. Missouri Pac. R. R., 278 U. S. 269 (1929); Wilson v. Rousseau,4 How. 646 (U. S. 1845); Levy Court of Washington County v. Ringgold, 5 Pet. 451(U. S. 1831); Postmaster-General of United States v. Early, 12 Wheat. 136 (U. S.1827).10Causey v. Guilford County, 192 N. C. 298, 135 S. E. 40 (1926)."'Lawton v. Sweitzer, 354 IIl. 620, 188 N. E. 811 (1934)."tBoone v. Lightner, 319 U. S. 561 (1943); Royster v. Lerderle, 128 F.2d 1972Florida Law Review, Vol. 1, Iss. 2 [2021], Art. 20https://scholarship.law.ufl.edu/flr/vol1/iss2/20

Soldiers\u27 and Sailors\u27 Civil Relief Act: Redemption of Property Sold During Term of Military Service

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Soldiers\u27 and Sailors\u27 Civil Relief Act: Redemption of Property Sold During Term of Military Service

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