McCrary v. Joyner
Supreme Court of Arkansas
Appeal from Little River Circuit Court. Will P. Feazel, Judge. statement by the court. This is an action of ejectment. The plaintiff, M. D. McCrary, alleged that he was the owner of the land in controversy, and entitled to the possession thereof; that those under whom he claimed title had held actual, continuous and adverse possession of the land in controversy under color of title from the year 1853 until the year 1890; that the defendant, L. J. Joyner, on or about the 1st…
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Appeal from Little River Circuit Court. Will P. Feazel, Judge. statement by the court. This is an action of ejectment. The plaintiff, M. D. McCrary, alleged that he was the owner of the land in controversy, and entitled to the possession thereof; that those under whom he claimed title had held actual, continuous and adverse possession of the land in controversy under color of title from the year 1853 until the year 1890; that the defendant, L. J. Joyner, on or about the 1st day of August, 1890, with force and arms entered upon the aforesaid land, and committed waste of timber on said land,…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) The only question presented in this case is whether, admitting the facts stated in the complaint to be true, the plaintiff was required to file an affidavit showing a tender of taxes and costs of tax sale to the defendant before commencing his action for the recovery of the land. Our statute provides, in substance, that no person shall maintain an action for the recovery of lands against any person holding the same under a purchase at a sale by the collector or commissioner of state lands for non-payment of taxes, unless such person shall file an…
2Cases cited4 opinions
- Jacks v. ChaffinSupreme Court of Arkansas · 1879
- Logan v. JelksSupreme Court of Arkansas · 1879
- Crease v. LawrenceSupreme Court of Arkansas · 1886
- Douglass v. FlynnSupreme Court of Arkansas · 1884
3Cited by3 opinions
- Wimberly v. NormanSupreme Court of Arkansas · 1952
- Pinkert v. PolkSupreme Court of Arkansas · 1952
- Butler v. JohnsonSupreme Court of Arkansas · 1929