Davis v. Whittaker
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Davis was not in possession of the land, nor under any obligation to pay taxes at the time of the tax-sales. He was a mortgagee, and eventually acquired the equity of redemption by fair purchase. Sec. 5234 Gantt’s Digest docs not affect the validity of the tax-sale, it only lets in the remainderman to redeem. Mrs. W.’s remedy was by ejectment.
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APPEAL from Phillips Circuit Court in Chancery. Hon. J. N. Cypert, Circuit Judge. Davis was not in possession of the land, nor under any obligation to pay taxes at the time of the tax-sales. He was a mortgagee, and eventually acquired the equity of redemption by fair purchase. Sec. 5234 Gantt’s Digest docs not affect the validity of the tax-sale, it only lets in the remainderman to redeem. Mrs. W.’s remedy was by ejectment. Gantt’s Digest, secs. 2259-60-62; 27 Ark., 157; 26 Id., 647. Partition did not lie. The lands were held adversely, and the title was in dispute. Story Fq. Jur., sec. 650,…
1Opinion of the CourtEakin, J.
John Rabb died in 1856, leaving a will which had been executed in 1854. This suit is brought by his daughter, A. Cecilia Whitaker and her husband, against his widow, who is also executrix; the other children, and persons who hold portions of the property, claiming ownership.
2. pbac^what aneeofdei íendanta.
J. Cole Davis, one of the purchasers and claimants of the property, is the only one who made active defense, or who is clearty shown to have made an appearance. There are several entries of record showing that “the defendants” came ^ solicitor, etc., etc., but it also appears that this term…
2Cited by9 opinions
- Rankin v. SchofieldSupreme Court of Arkansas · 1905
- Estate of Brown v. BrownSupreme Court of Iowa · 1908
- Smith v. WhitingOregon Supreme Court · 1910
- Heiseman v. LowensteinSupreme Court of Arkansas · 1914
- Beal-Doyle Dry Goods Co. v. Odd Fellows Building Co.Supreme Court of Arkansas · 1913
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