Legal Opinion

Temple v. Bradley Lumber Co.

Supreme Court of Arkansas

Decided March 9, 1914Published

Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; 1. The levies for the taxes of 1869 and 1870, being made after the time prescribed by law, were void. 69 Ark. 567; 68 Ark. 341; 50 Ark. 390. A forfeiture and sale for nonpayment of taxes is void where the tracts of land are not separately taxed, and such tracts are sold en masse and for a lump sum. 29 Ark. 477; Id. 492-494; 30 Ark. 579; 31 Ark. 315; Id. 491; 61 Ark. 414, 415; 55 Ark. 109. 2. The recitals of…

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Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; 1. The levies for the taxes of 1869 and 1870, being made after the time prescribed by law, were void. 69 Ark. 567; 68 Ark. 341; 50 Ark. 390. A forfeiture and sale for nonpayment of taxes is void where the tracts of land are not separately taxed, and such tracts are sold en masse and for a lump sum. 29 Ark. 477; Id. 492-494; 30 Ark. 579; 31 Ark. 315; Id. 491; 61 Ark. 414, 415; 55 Ark. 109. 2. The recitals of the sheriff’s deed to John M. Lyons are conclusive, showing that he bought the property outright in his own name, paying…

1Opinion of the CourtMcCulloch, C. J.

Appellant asserts title to a tract of land in Bradley County, Arkansas, containing eighty acres, and instituted this action against appellee in the chancery court of that county to cancel a forfeiture of the land to the State for nonpayment of taxes and the State’s deed thereunder to appellee.

The land in controversy was patented by the United States to the State of Arkansas as swamp and overflowed land in the year 1859, and certificate of entry was granted by the State to one Elijah Moseley. On October 3,1867, the land was sold under an execution against Moseley, and purchased by John M.…

2Cases cited2 opinions

  1. St. Louis Refrigerator & Wooden Gutter Co. v. LangleySupreme Court of Arkansas · 1898
  2. Brinneman v. ScholemSupreme Court of Arkansas · 1910

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