Wagner v. Head
Supreme Court of Arkansas
Appeal from Little River Circuit Court; James S. Steel, Judge; An affidavit was necessary in order to maintain the action.
Read the full summary
Appeal from Little River Circuit Court; James S. Steel, Judge; An affidavit was necessary in order to maintain the action. Kirby’s Dig. § 2759. Even though the tax deed be void, the holder had been in actual possession for the statutory period. 76 Ark. 447; 71 Ark. 390; 66 Ark. 141; 79 Ark. 194; 80 Ark. 82; 83 Ark. 334. Appellant should have saved exceptions to the court’s ruling on his motion to dismiss. 70 Ark. 418. One who buys land at a tax sale to which he claims title, and which was incumbered with taxes, only removes such incumbrance. 33 Ark. 267; 55 Ark. 104; 56 Ark. 187; 42 Ark. 215;…
1Opinion of the CourtMcCuleoci-i, C. J.
This is an action instituted by appellee to recover from appellant a tract of land in Little River County, the title to which he (appellee) claims under mesne convey- ' anees from the United States as swamp and overflowed land, and also under a sale in 1882 by the commissioner of the chancery court in an overdue tax suit. The validity of his title is conceded, but appellant asserts title under a deed executed to him in 1904 pursuant to a sale for delinquent taxes and by adverse possession for two years under said tax deed. The tax sale was void by reason of the fact that the taxes for which…
2Cases cited2 opinions
- Scott v. MillsSupreme Court of Arkansas · 1887
- Kelso v. RobertsonSupreme Court of Arkansas · 1888
3Cited by5 opinions
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Beattie v. McKinneySupreme Court of Arkansas · 1923
- Greer v. VaughanSupreme Court of Arkansas · 1917
- Pride v. GistSupreme Court of Arkansas · 1922
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943