Pennell v. Monroe
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. Hon. W. H. H. Clayton, Circuit Judge. Auditor’s deeds make prima facie case. ■ Gantt’s Digest, 5221; Merrick v. Hutt, 15 Ark., 338. The clerk was empowered to fix day of sale. Amendatory act of 1869, sec. 7. The acts of the clerk should have a reasonable construction. Bl. on Tax Titles, 310-11; Chandler v. Spear, 22 Vt., 398. The greater time of notice had no semblance of injury.
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APPEAL from Desha Circuit Court. Hon. W. H. H. Clayton, Circuit Judge. Auditor’s deeds make prima facie case. ■ Gantt’s Digest, 5221; Merrick v. Hutt, 15 Ark., 338. The clerk was empowered to fix day of sale. Amendatory act of 1869, sec. 7. The acts of the clerk should have a reasonable construction. Bl. on Tax Titles, 310-11; Chandler v. Spear, 22 Vt., 398. The greater time of notice had no semblance of injury. See, also, Sharp v. Johnson, 4 Hill, 99 ; Corwin v. Merrill, 3d Barb., 343; Atkyns v. Kenman, 20 Wend., 249; Torrey v. Mitbury, 21 Pick., 67; Sebley v. Smith, 2 Gibts. Mich., 498-9;…
1Opinion of the Court
Harrison, J.:
This was an action of ejectment by Jasper M. Pinnell and Thomas F. Leverett against Ben. Monroe and Robert Beith for the south half of section 18, in township 7 south, range 2 west.
The plaintiff claimed title to the southwest quarter of the section by a purchase from the State at an Auditor’s sale, on the 26th day of February, 1872, and to the southeast quarter by a purchase at a tax sale on the 20th day of February, 1871.
It was admitted upon the record that the defendants were in possession of the lands, and the court, sitting as a jury, found the following facts:
First — That…
2Cases cited1 opinion
- McQuesten v. SwopeSupreme Court of Kansas · 1873
3Cited by3 opinions
- Martin v. BarbourUnited States Circuit Court · 1888
- Thweatt v. HowardSupreme Court of Arkansas · 1900
- Martin v. HawkinsSupreme Court of Arkansas · 1896