Legal Opinion

Wagner v. Arnold

Supreme Court of Arkansas

Decided April 16, 1904PublishedCited by 1 opinion

Appeal from Little River Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. John H. Arnold brought this action of ejectment against W. A. Wagner in the Little River circuit court to recover the north half of the northwest quarter of section 25, township 13 south, range 32 west, containing 80 acres. Arnold introduced deeds showing a chain of title extending from the United States to himself.

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Appeal from Little River Circuit Court. Will P. Feazel, Judge. STATEMENT BY THE COURT. John H. Arnold brought this action of ejectment against W. A. Wagner in the Little River circuit court to recover the north half of the northwest quarter of section 25, township 13 south, range 32 west, containing 80 acres. Arnold introduced deeds showing a chain of title extending from the United States to himself. The defendant does not controvert these conveyances, but he bases his right to the land on a deed from the auditor of the state dated 21st of June, 1871, conveying land to Rebecca Wagner, and a…

1Opinion of the CourtRiddick, J.

(after stating the facts). This is an appeal from a judgment of the circuit court holding a tax sale upon which the title of defendant was based to be void. The evidence shows that the courthouse of Little River county was destroyed by fire about 1881, and that the tax records for years 1867 and 1868 were probably also destroyed by fire at that time, and cannot now be found.

To show that the land was sold for more costs than the law authorized, and to show other facts in reference to the tax sale at which it was sold which would render the sale invalid, the plaintiff, in the absence of the…

2Cases cited1 opinion

  1. Joyner v. HarrisonSupreme Court of Arkansas · 1892

3Cited by1 opinion

  1. Wagner v. ArnoldSupreme Court of Arkansas · 1905

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