Foohs v. Bilby
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court; George M. Chapline, Judge; The court erred in excluding the chancery court record containing the record of the warning order in the overdue tax case, which shows that the lands involved in this action were not embraced in the warning order. The lands not being therein described, all subsequent proceedings as against them were void. 55 Ark. 30; 70 Ark. 207. Whether the land was described in the warning order or not is immaterial.
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Appeal from Arkansas Circuit Court; George M. Chapline, Judge; The court erred in excluding the chancery court record containing the record of the warning order in the overdue tax case, which shows that the lands involved in this action were not embraced in the warning order. The lands not being therein described, all subsequent proceedings as against them were void. 55 Ark. 30; 70 Ark. 207. Whether the land was described in the warning order or not is immaterial. Appellant having paid taxes bn the land for more than seven years in succession under color of title, and the land being…
1Opinion of the CourtMcCulloch, J.
John S. Bilby instituted this action against John Foohs to recover a lot of staves made of timber cut from land alleged to be owned by the plaintiff. The defendant denied that plaintiff was the owner of the land or timber, and upon this issue the jury found in favor of the plaintiff.'
The plaintiff claimed title to the land under a sale by a commissioner of the chancery -court in 1883 pursuant to a decree of that court enforcing the payment -of overdue taxes; and introduced in evidence the deed of the -commissioner to his (plaintiff’s) immediate grantor.
Defendant offered in evidence the record…
2Cases cited2 opinions
- Gregory v. BartlettSupreme Court of Arkansas · 1891
- Pope v. CampbellSupreme Court of Arkansas · 1902
3Cited by1 opinion
- Taylor v. LeonardSupreme Court of Arkansas · 1910