Cabell v. Board of Improvement of Improvement District No. 10
Supreme Court of Arkansas
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE' COURT. The issues involved in the appeal in each of these cases is the same and on that account one opinion may serve in both cases.
Read the full summary
Appeal from Miller Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE' COURT. The issues involved in the appeal in each of these cases is the same and on that account one opinion may serve in both cases. Each case was begun in the chancery court by the owner of property in an improvement district in the city of Texarkana, Arkansas, .to set aside the statutory foreclosure sale made by the board of com-. missioners of the improvement district and to quiet their title. The material facts are as follows: In 1911, Improvement District No. 10 was created out of part of the city of…
1Opinion of the Court
Hart, J.,
(after stating the facts). It is contended by counsel for appellants that the decree was procured by fraud because the complaint in the statutory proceeding to collect the delinquent assessments alleged that the owners of the lots in controversy were unknown when it was well known to the commissioners that appellants were the owners of the lots. This contention was settled adversely to appellants in the case of Cassady v Norris, 118 Ark. 449, 177 S. W. 10. There Cassady, who was a non-resident of the State of Arkansas, owned property-in Mena, Arkansas. His property was placed in an…
2Cases cited15 opinions
- Davis v. GainesSupreme Court of Arkansas · 1886
- Fitzgerald v. WalkerSupreme Court of Arkansas · 1891
- Cassady v. NorrisSupreme Court of Arkansas · 1915
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Hollywood v. WellhausenCourt of Appeals of Texas · 1902
10 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Simpson v. ReinmanSupreme Court of Arkansas · 1920
- Conner v. LittletonSupreme Court of Arkansas · 1943
- Fairbank v. DouglasSupreme Court of Arkansas · 1933
- Kersh Lake Drainage District v. JohnsonSupreme Court of Arkansas · 1941