Blakeney v. Ferguson
Supreme Court of Arkansas
Appeal from Prairie Circuit Court in Chancery. ' Hon. John J. Clendenin, Circuit Judge. It can admit of no question, that the complainants are obliged to trace their title, if they have any, up to the original proprietor, the United States, or to stop short of that by resting on a tax title; which is a separate and independent title; a new right, in no way connected with previous claims or rights.
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Appeal from Prairie Circuit Court in Chancery. ' Hon. John J. Clendenin, Circuit Judge. It can admit of no question, that the complainants are obliged to trace their title, if they have any, up to the original proprietor, the United States, or to stop short of that by resting on a tax title; which is a separate and independent title; a new right, in no way connected with previous claims or rights. Blackwell on Tax Titles, 631. This being the case, it must appear that the tax sale was made in accordance with law. It is not a matter of defence, but a matter of averment, and must ■appear as of…
1Opinion of the CourtChief Justice English
The subject of controversy in this suit (the south-west quarter of section 17, township 4 north, range 9 west,) has been in litigation, in one form and another, between the parties, and the ancestors of some of them, since the year 1845, and has heretofore been several times before this Court. See Blakeney vs. Ferguson et al., 14 Ark. 641, where the character and history of the previous litigation are fully stated. After the dismissal of that case, without prejudice, in obedience to the mandate of this Court, Mary Ferguson, the widow, and the heirs at law of Joseph Ferguson, filed the present…
2Cases cited2 opinions
- Bettison v. BuddSupreme Court of Arkansas · 1856
- Hopkins v. FreyCourt of Appeals of Maryland · 1844
3Cited by2 opinions
- Cook v. ChildsSupreme Court of Oklahoma · 1915
- Peter v. MozierSupreme Court of Oklahoma · 1929