Smith v. Boynton Land & Lumber Co.
Supreme Court of Arkansas
Appeal from Greene Circuit Court; R. R. Dudley, Judge; 1. There is but a single question, involved. Where wild and unimproved lands, on which the grantor has paid taxes under color of title, are, after the passage of the seven years’ tax payment statute (Kirby’s Digest, § 5057) conveyed by deed containing the statutory covenants of warranty, is the breach, if there be a paramount outstanding title, instantaneous, or is it postponed until that title is asserted? In other…
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Appeal from Greene Circuit Court; R. R. Dudley, Judge; 1. There is but a single question, involved. Where wild and unimproved lands, on which the grantor has paid taxes under color of title, are, after the passage of the seven years’ tax payment statute (Kirby’s Digest, § 5057) conveyed by deed containing the statutory covenants of warranty, is the breach, if there be a paramount outstanding title, instantaneous, or is it postponed until that title is asserted? In other words, does the statute of limitations in such case date from delivery of the deed, or from the hostile assertion of a…
1Opinion of the CourtHumphreys, J.
Appellant brought suit on the 12th day of March, 1917, in the Greene Circuit Court to recover damages in the sum of $1,824.79 on account of an alleged broken statutory covenant for quiet enjoyment, implied in a certain deed of “grant, bargain and sell,” of date May 22,1906, executed by appellee to appellant, conveying the following wild and unimproved land in Cross County, Arkansas, towit: The southwest quarter, section 27, township 9 north, range 5 east.
Appellee interposed the five-year statute of limitations as a defense to the cause of action.
In the spring of 1914, Elizabeth Brinkley…
2Cases cited5 opinions
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Brasher v. TaylorSupreme Court of Arkansas · 1913
- Dillahunty v. Railway Co.Supreme Court of Arkansas · 1894
- Beach v. NordmanSupreme Court of Arkansas · 1909
- Arnold v. Chas. T. Abeles & Co.Supreme Court of Arkansas · 1911
3Cited by14 opinions
- Fox v. PinsonSupreme Court of Arkansas · 1930
- McKim v. McLineySupreme Court of Arkansas · 1971
- Union Sawmill Co. v. PaganSupreme Court of Arkansas · 1927
- Belleville Land & Lumber Co. v. GriffithSupreme Court of Arkansas · 1928
- McKim v. McLineySupreme Court of Arkansas · 1971
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