Alabama Justices Clarify Role of Possession in Tax Sale Claims

An Alabama court of appeals erred in concluding that a party seeking to reclaim property through judicial action doesn’t need to retain possession of the property, the state Supreme Court said.

In 2025, the Alabama Court of Civil Appeals granted Deborah Whitfield’s motion and allowed her to redeem her deceased uncle’s property, originally purchased by Howard Ross at a 2019 tax sale.

The Alabama Supreme Court affirmed the result in favor of Whitfield Friday, but said the appellate panel had wrongly determined prior high court judgments “eliminated an owner’s possession as a requirement for the exercise of the right of ...