Thornton v. Smith
Supreme Court of Arkansas
2. Same — deed oe state land commissioner as evidence. — A deed of the Commissioner of State Lands, conveying lands forfeited for taxes, authenticated by his official seal, is prima facie evidence of.title, although it has not been recorded. (Page 547.) Appeal from Clark Chancery Court; James D. Shaver, Chancellor; The alleged “duplicate deed” to Willis S. Smith, Jr., was improperly admitted.
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2. Same — deed oe state land commissioner as evidence. — A deed of the Commissioner of State Lands, conveying lands forfeited for taxes, authenticated by his official seal, is prima facie evidence of.title, although it has not been recorded. (Page 547.) Appeal from Clark Chancery Court; James D. Shaver, Chancellor; The alleged “duplicate deed” to Willis S. Smith, Jr., was improperly admitted. The Commissioner of State Lands being merely an agent of the State, all of his acts must be authorized by statute. There are but two statutes (Acts 1875, p. 91, and Acts 1885, p. 10), which authorize him…
1Opinion of the CourtBattue, J.
This suit was instituted by Eliza W. Smith against Charles S. Thornton and Justes Chancellor to redeem certain lands which were sold for taxes. The court, after hearing the evidence, found the facts as follows: “That James B. Smith received from the State a donation deed in 1873 for the land sought to be redeemed; that said land was forfeited and sold in 1894 for the taxes of 1893 to the Gurdon Lumber Company. That said land, not having been redeemed from said sale, was in 1896 conveyed to the Gurdon Lumber Company, a business name for the St. Louis Refrigerator & Wooden Gutter Company; that…
2Cases cited1 opinion
- Scott v. MillsSupreme Court of Arkansas · 1887
3Cited by3 opinions
- Zarate v. VillarealCourt of Appeals of Texas · 1913
- Wilson v. FrapsSupreme Court of Arkansas · 1942
- Zarate v. VillarealCourt of Appeals of Texas · 1913