Legal Opinion

Thweatt v. Howard

Supreme Court of Arkansas

Decided November 17, 1900PublishedCited by 5 opinions

Appeal from Prairie Circuit Court in Chancery. James S. Thomas, Judge. One who has no interest in land can not contest a petition for the confirmation of a tax title thereto. 1 Ark. 472; Sand. & H. Dig., § 627. Appellees’ claim is based upon a fraudulent entry under the swamp land act (Gould’s Dig. chap. 101, § 15, as amended by act February 8, 1859), and hence void.

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Appeal from Prairie Circuit Court in Chancery. James S. Thomas, Judge. One who has no interest in land can not contest a petition for the confirmation of a tax title thereto. 1 Ark. 472; Sand. & H. Dig., § 627. Appellees’ claim is based upon a fraudulent entry under the swamp land act (Gould’s Dig. chap. 101, § 15, as amended by act February 8, 1859), and hence void. By issuing a subsequent- patent to another claimant, the land department adjudged appellees’ entry void; and, until this ruling is reversed by the courts, it must stand. 171 U. S. 93, 99; 7 Wheat. 218; 163 U. S. 321, 323; 169 U.…

1Opinion of the CourtBattle, J.

Appellants brought this action in the Prairie circuit court to confirm the title to certain lands, acquired under a sale thereof that was made for the purpose of collecting the taxes assessed against them for the year 1890; describing the lands in their petition, and alleging that they had been purchased at the tax sale by the Hammett Grocer Company, which had sold to George C. Cooper, who had sold to petitioners, the appellants.. Appellees answered the petition of the appellants, and claimed a part of the lands purchased at the tax sale, and traced their title to the same through various…

2Cases cited3 opinions

  1. Townsend v. MartinSupreme Court of Arkansas · 1891
  2. Martin v. McDiarmidSupreme Court of Arkansas · 1891
  3. Pennell v. MonroeSupreme Court of Arkansas · 1875

3Cited by5 opinions

  1. McWilliams v. ClampittSupreme Court of Arkansas · 1938
  2. Laughlin v. FisherSupreme Court of Arkansas · 1920
  3. Leigh v. HallSupreme Court of Arkansas · 1960
  4. Leigh v. HallSupreme Court of Arkansas · 1960
  5. McDaniel v. BergerSupreme Court of Arkansas · 1909

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