Legal Opinion

Schenck v. Peay

U.S. Circuit Court for the District of Eastern Arkansas

Decided April 15, 1868PublishedCited by 3 opinions

This case came before the court upon a demurrer to the cross bill, and a motion on behalf of the plaintiff therein, for an injunction and a receiver.

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This case came before the court upon a demurrer to the cross bill, and a motion on behalf of the plaintiff therein, for an injunction and a receiver. Schenck, a citizen of Ohio, filed the original bill against Peay and Bliss, citizens of Arkansas, in respect of some real estate in the city of Little Rock, in the last mentioned state, and alleged therein the following case: Section 5 of the act of June 7, 1802 (12 Stat. 422), provides, that the president of the United States, by and with the advice and consent of the senate, may appoint a board of three tax commissioners for each of the states…

1Opinion of the Court

MILLER, Circuit Justice.

This is a bill in chancery brought by the complainant to quiet his title to certain real estate, as against j Peay, and for partition thereof, as against Í Bliss. The title which he asks to have quiet- I ed and confirmed, is derived from a sale for taxes levied upon the real estate mentioned in the bill, under the act of congress of 1861, and the amendatory act of 1862, passed to enforce the collection of the tax in the insur-rectionary districts. The defendant Peay files his answer and cross bill, when-the proceedings under which the plaintiff claims were had, in…

2Cases cited5 opinions

  1. Green v. MillerNew York Supreme Court · 1810
  2. Crocker v. CraneNew York Supreme Court · 1839
  3. Doughty v. HopeNew York Supreme Court · 1846
  4. Doughty v. . HopeNew York Court of Appeals · 1847
  5. Commonwealth ex rel. Hall v. Canal CommissionersSupreme Court of Pennsylvania · 1840

3Cited by3 opinions

  1. State Ex Rel. King County v. State Tax CommissionWashington Supreme Court · 1933
  2. Blythe v. HinckleyU.S. Circuit Court for the District of Northern California · 1897
  3. Newton v. GageU.S. Circuit Court for the District of Southern California · 1907

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