74 N.E.2d 97
No. 31006Supreme Court of Ohio.
Decided May 28, 1947.
Supreme Court — Dismissal sua sponte — No debatable constitutional question involved — Taxation — Real estate certified delinquent 1927 and, advertised May 1936 — Private conveyance of entire tract July 1942 — Private conveyances of part in separate tracts to two grantees October 1942 — Foreclosure petition by county treasurer describing property as original tract — Filed May 1943 against the three subsequent owners — Order of sale January 1944 returned “not sold,” no bidders — Auditor apportioned taxes among component parts December 1945 — Section 2573, General Code — Subsequent undertakings by two owners for instalment payments under Whittemore Act — Section 2672-3, General Code — Payment, pursuant thereto,
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of current taxes, instalments and foreclosure costs — Alias order of sale December 1945 — Denial of applications of such two owners to vacate alias order — Equal protection — Due process — Sections 2 and 16, Article I, Constitution — Section 1, Article XIV, Amendments, U.S. Constitution — Inviolability of property — Section 19, Article I, Constitution.
APPEAL from the Court of Appeals for Cuyahoga county.
Mr. Frank T. Cullitan, prosecuting attorney, and Mr. John F. Smolka, for appellee.
Mr. Wm. H. Rosenfeld and Mr. Alfred Palay, for appellants.
It is ordered and adjudged, sua sponte, that this appeal as of right be, and the same hereby is, dismissed for the reason that no debatable constitutional question is involved.
Appeal dismissed.
WEYGANDT, C.J., TURNER, MATTHIAS, HART, ZIMMERMAN, SOHNGEN and STEWART, JJ., concur.
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