Tatum v. Arkansas Lumber Co.
Supreme Court of Arkansas
2. Quieting title — laches.—In order to bar a suit to remove a cloud upon the title to wild and unimproved land by laches, a purchaser under a void tax title and his privies must have, prior to the commencement of the suit, paid the taxes upon the land under color of title for at least seven years. (Page 255.) Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; 1. The statute of limitations does not apply.
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2. Quieting title — laches.—In order to bar a suit to remove a cloud upon the title to wild and unimproved land by laches, a purchaser under a void tax title and his privies must have, prior to the commencement of the suit, paid the taxes upon the land under color of title for at least seven years. (Page 255.) Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; 1. The statute of limitations does not apply. The longest period of taxpaying by appellee or its grantors on any of the lands involved, intervening between the commencement of such payments and the institution of this…
1Opinion of the CourtHart, J.
On December 31, 1910, this action was instituted in the chancery court by J. L. Tatum et al., as the sole heirs at láw of Thomas J. Tatum, deceased, against the defendant, Arkansas Lumber Company, to cancel certain tax deeds to the defendant as a cloud upon the plaintiffs’ title and to quiet the plaintiffs’ title thereto. The lands are situated in Bradley County, Arkansas, and comprise about six hundred acres.
On May 15, 1857, they were conveyed by the State of Arkansas to Thomas J. Tatum as swamp and overflowed lands; they were forfeited to the State for the nonpayment of taxes for the years…
2Cases cited3 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Pirtle v. Southern Lumber Co.Supreme Court of Arkansas · 1911
- Hays v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1912
3Cited by27 opinions
- Carmical v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Avera v. BanksSupreme Court of Arkansas · 1925
- Lesser v. ReevesSupreme Court of Arkansas · 1920
- Reaves v. DavidsonSupreme Court of Arkansas · 1917
- Grimes v. CarrollSupreme Court of Arkansas · 1950
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