Wolf & Bailey v. Phillips
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court; Western District; H. L. Ponder, Special Judge; STATEMENT BY THE COURT. The appellants instituted this suit in ejectment to recover certain lands. Appellants claimed title by virtue 'of a tax deed and adverse possession. Appellee claimed title under tax deeds. The appellants alleged that the tax deeds under which appellee claimed were invalid by reason of certain irregularities in the publication of the notice for the sale of the lands.
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Appeal from Lawrence Circuit Court; Western District; H. L. Ponder, Special Judge; STATEMENT BY THE COURT. The appellants instituted this suit in ejectment to recover certain lands. Appellants claimed title by virtue 'of a tax deed and adverse possession. Appellee claimed title under tax deeds. The appellants alleged that the tax deeds under which appellee claimed were invalid by reason of certain irregularities in the publication of the notice for the sale of the lands. Appellants, before tbe issuance of tbe summons, filed tbe following affidavit: “I, George G. Dent, attorney and agent for…
1Opinion of the Court
Wood, J.,
(after stating the facts). The statute provides that no person shall maintain an action for the recovery of any lands, or for possession thereof, against any person who may hold such land by virtue of a purchase thereof at tax sale without filing an affidavit setting forth that the claimant had tendered to the person holding the lands “the amount of taxes and costs first paid for said lands, with interest thereon from the date of payment thereof and the amount of taxes paid thereon by the purchaser subsequent to such sale, with interest thereon, and the value of all improvements made…
2Cases cited1 opinion
- Anthony v. ManloveSupreme Court of Arkansas · 1890
3Cited by2 opinions
- Buchanan v. PembertonSupreme Court of Arkansas · 1920
- Brown v. FrazierSupreme Court of Arkansas · 1954