Darter v. Houser
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court in Chancery, Pastern District. James W. Buteer, Judge. This was an action of ejectment, based on a tax deed executed by virtue of a sale for non-payment of taxes for the year 1887. The defense was that the sale was void because the land was sold for a larger amount of costs than was chargeable against it. Defendant asked that his answer be taken as a cross-bill, and that plaintiff’s deed be removed as a cloud upon his title.
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Appeal from Lawrence Circuit Court in Chancery, Pastern District. James W. Buteer, Judge. This was an action of ejectment, based on a tax deed executed by virtue of a sale for non-payment of taxes for the year 1887. The defense was that the sale was void because the land was sold for a larger amount of costs than was chargeable against it. Defendant asked that his answer be taken as a cross-bill, and that plaintiff’s deed be removed as a cloud upon his title. Upon defendant’s motion, the cause was 'transferred to equity. On the hearing- a decree was entered in plaintiff’s .favor, from which…
1Opinion of the CourtBunn, C. J.
This case is governed by the cases of Goodrum v. Ayers, 56 Ark. 93, and Cooper v. Freeman Lumber Co., 61 Ark. 36.
The register book of the county clerk, as well as the certificate of purchase of the land at the tax sale, shows that at the sale the land in question was bid off by appellee for 75 cents taxes and 85 cents penalty and costs, making in the aggregate the sum of $1.60. The testimony of the clerk and sheriff — introduced not to contradict the record of the sale but to explain it, and therefore admissible — showed that a part of the 85 cents charged as costs was the 25 cents charged…
2Cases cited2 opinions
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- Goodrum v. AyersSupreme Court of Arkansas · 1892
3Cited by4 opinions
- Lumsden v. ErstineSupreme Court of Arkansas · 1943
- Harvey v. DouglassSupreme Court of Arkansas · 1904
- Kirker v. DanielsSupreme Court of Arkansas · 1904
- Sibly v. ThomasSupreme Court of Arkansas · 1908