Seldon v. Dudley E. Jones Co.
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, Second Division; Bdzvard W. Winñeld, judge; The lien of the State for unpaid taxes can not be displaced by anything short of payment. 2 Dembitz on Land Titles, § 180. A tax or assessment imposed by lawful authority is an incumbrance upon land until satisfied. 1 Warvelle on Vendors, p. 318, § 14. The plaintiff is entitled under the covenants of warranty to a marketable title. 63 Ark. 548; 66 Id. 433. If at the time a covenant is made the…
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Appeal from Pulaski Circuit Court, Second Division; Bdzvard W. Winñeld, judge; The lien of the State for unpaid taxes can not be displaced by anything short of payment. 2 Dembitz on Land Titles, § 180. A tax or assessment imposed by lawful authority is an incumbrance upon land until satisfied. 1 Warvelle on Vendors, p. 318, § 14. The plaintiff is entitled under the covenants of warranty to a marketable title. 63 Ark. 548; 66 Id. 433. If at the time a covenant is made the property to which it relates is subject to the lien of a tax or assessment, the covenantor is clearly liable. 2 Warvelle on…
1Opinion of the CourtBattle, J.
This action has been here once before on appeal. The opinion of the court delivered at that time is reported in Seldon v. Dudley E. Jones Co., 74 Ark. 348. The facts in the case up to that time are stated in the opinion.
Upon the return of the cause to the circuit court, on the 10th day of June, 1905, plaintiff filed an amendment to his complaint, stating that since the filing of his complaint and the last order made herein the State of Arkansas had sold one-seventh interest in the lands in question to one J. O. Short, and had conveyed it to him. To which the defendant demurred. The demurrer…
2Cases cited10 opinions
- Coats v. HillSupreme Court of Arkansas · 1883
- McGuckin v. . MilbankNew York Court of Appeals · 1897
- Eaton v. LymanWisconsin Supreme Court · 1872
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Willets v. BurgessIllinois Supreme Court · 1864
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3Cited by8 opinions
- Fox v. PinsonSupreme Court of Arkansas · 1930
- Richards v. BillingsleaSupreme Court of Arkansas · 1926
- Alexander v. CappsSupreme Court of Arkansas · 1911
- Kahn v. CherrySupreme Court of Arkansas · 1917
- Rachels v. Stecher Cooperage WorksSupreme Court of Arkansas · 1910
3 more not listed; retrieve them via the Exa API.