Brown v. Rushing
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. ; Alexander M.Dueeie, Judge. The petition to Beese in 1882 conferred no authority on him to sell the land. The petition should have been addressed to the collector, and not to the sheriff. Acts 1881, 155; 37 Ark. 381; 33 Ark. 396; 31 Ark. 571. The term “inhabitant,” as used in the statute, is broader in signification than “legal elector.” Webst. Diet., “Inhabitant;” 132 Mass. 85; S. C. 42 Am.
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Appeal from Hot Spring Circuit Court. ; Alexander M.Dueeie, Judge. The petition to Beese in 1882 conferred no authority on him to sell the land. The petition should have been addressed to the collector, and not to the sheriff. Acts 1881, 155; 37 Ark. 381; 33 Ark. 396; 31 Ark. 571. The term “inhabitant,” as used in the statute, is broader in signification than “legal elector.” Webst. Diet., “Inhabitant;” 132 Mass. 85; S. C. 42 Am. Bep. 424; 36 Ark. 178; 40 Ark. 290; 56 Ark. 110. All presumptions are in favor of the regularity of official acts. Jones, Ev. § 389; 116 Cal. -56; 92 Am. Dec. 526;…
1Opinion of the CourtBattle, J.
This action was brought in the Hot Spring circuit court by B. B. Toler, as collector of Grant county, against appellant, Joseph Brown, under the provisions of subdivision II, c. 139, Sand. & H. Dig. The complaint, omitting the caption, is as follows:
“Comes the plaintiff, E. B. Toler, as collector of Grant county, Arkansas, by his attorneys, W. D. Brouse and Hill & Auten, and complains of the defendant, Joseph Brown, and for cause of action says: That at the general election in 1894 he was duly elected sheriff and ex-officio collector of Grant county, Arkansas, and after-wards duly qualified…
2Cases cited4 opinions
- Walnut v. WadeSupreme Court of the United States · 1881
- Keith v. FreemanSupreme Court of Arkansas · 1884
- Frauenthal v. BridgemanSupreme Court of Arkansas · 1887
- Budd v. BettisonSupreme Court of Arkansas · 1860
3Cited by9 opinions
- Beasley v. ParnellSupreme Court of Arkansas · 1928
- Manley v. MoonSupreme Court of Arkansas · 1928
- Caster v. McClellanSupreme Court of Iowa · 1906
- Reeves v. CongerSupreme Court of Arkansas · 1912
- Dunkum v. MooreSupreme Court of Arkansas · 1979
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