Kelso v. Robertson
Supreme Court of Arkansas
APPEAL from Columbia Circuit Court. Chas. W. Smith, Judge. We refer the court to our abstract and brief in this case at large and here again state the points and authorities: A tax deed for the taxes of any year which have been paid by the owner is fraudulent and void.
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APPEAL from Columbia Circuit Court. Chas. W. Smith, Judge. We refer the court to our abstract and brief in this case at large and here again state the points and authorities: A tax deed for the taxes of any year which have been paid by the owner is fraudulent and void. Shell v. Martin, 19 Ark., 139; Wallace v. Brown, 22 Ark., 118; Kinsworthy v. Austin, 23 Ark., 375; Davis v. Hare, 32 Ark., 386; Hickman v. Kempner, 35 Ark., 505. Where the sale is thus fundamentally void no affidavit is required by the statute. For there can be no sale for the nonpayment of taxes where there are no taxes due.…
1Opinion of the CourtHemmingway, J.
Ejectment: To recover land sold for taxes.
Tender of taxes, etc. Kelso, the appellant, brought ejectment against Robertson, the appellee, in the Columbia circuit court, to recover a tract of land. It is alleged in the complaint that Kelso purchased the land, took deed, entered into possession and held it for more than seven years before the possession of defendant began; that the defendant entered upon the land under a tax deed, it having been forfeited to the State for the non-payment of taxes for the year 1882 ; that plaintiff had paid the taxes of 1882 before the forfeiture. It is further…
2Cited by10 opinions
- McCann v. SmithSupreme Court of Arkansas · 1898
- Helena v. HornorSupreme Court of Arkansas · 1893
- Sutton v. LeeSupreme Court of Arkansas · 1930
- Harvey v. DouglassSupreme Court of Arkansas · 1904
- Winn v. Little RockSupreme Court of Arkansas · 1924
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