Legal Opinion

Gunn v. Thompson

Supreme Court of Arkansas

Decided June 21, 1902PublishedCited by 9 opinions

Appeal from Monroe Chancery Court. John M. Elliott, Chancellor. STATEMENT BY THE COURT. Simon Thompson was the owner of lot No. 4, in block 25, in the town of Brinkley. He had purchased the lot from one Goodwin, who had put him in possession, and had also attempted to convey the lot to him, but by mistake had conveyed him lot No. 4, in block 24, instead of the lot he had sold him. Thompson, being an ignorant negro, unable to read, did not discover the mistake.

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Appeal from Monroe Chancery Court. John M. Elliott, Chancellor. STATEMENT BY THE COURT. Simon Thompson was the owner of lot No. 4, in block 25, in the town of Brinkley. He had purchased the lot from one Goodwin, who had put him in possession, and had also attempted to convey the lot to him, but by mistake had conveyed him lot No. 4, in block 24, instead of the lot he had sold him. Thompson, being an ignorant negro, unable to read, did not discover the mistake. The land was properly assessed in the name of Thompson, and when the taxes for 1893 became due he went to the collector, and correctly…

1Opinion of the Court

Kiduick, J.,

(after stating the facts.) The question presented by this appeal relates to the validity of a tax sale under which the plaintiff, Gunn, claims to be the owner of the lot in controversy. The defendant, Thompson, who was the owner at the time of the tax sale, paid the taxes on the lot, but through a mistake the taxes were credited to another lot not owned by him. The case, then, turns on the question as to whether this mistake was the fault of Thompson or the collector of taxes.

Thompson testified as follows: “I went,” he said, “into the collector’s office. I asked to pay taxes on…

2Cited by9 opinions

  1. Knauff v. National Cooperage & Woodenware Co.Supreme Court of Arkansas · 1911
  2. Scroggin v. RidlingSupreme Court of Arkansas · 1909
  3. Mixon v. BellSupreme Court of Arkansas · 1935
  4. Robertson v. JohnsonSupreme Court of Arkansas · 1916
  5. Kitchens v. MacHenSupreme Court of Arkansas · 1947

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