Trigg v. Ray
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court. Alexander M. Duffie, Judge. It was error to dismiss the action because the affidavit of tender was not made. The answer, filed six months before the motion to dismiss, was a complete waiver of the statutory formality. 35 Ark. 170, 174; 46 Pac. 144; 6 Ind. App. 207; 33 N. E. Rep. 254; 24 S. E. Rep. 412; 51 Ark. 397. See also Cooley, Taxation (2 Ed.), 550-554. It was not error to dismiss the action.
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Appeal from Hot Spring Circuit Court. Alexander M. Duffie, Judge. It was error to dismiss the action because the affidavit of tender was not made. The answer, filed six months before the motion to dismiss, was a complete waiver of the statutory formality. 35 Ark. 170, 174; 46 Pac. 144; 6 Ind. App. 207; 33 N. E. Rep. 254; 24 S. E. Rep. 412; 51 Ark. 397. See also Cooley, Taxation (2 Ed.), 550-554. It was not error to dismiss the action. Sand. & H. Dig., §§ 2595-6-7; 51 Ark. 400; 21 id. 379; 23 id. 644; 28 id. 299; 41 id. 149; 43 id. 405; 61 id. 456.
1Opinion of the CourtHughes, J.
This is an action of ejectment to recover the possession of land. Defendant filed answer on February 13, 1895, setting up a defense to the merits. August 8, 1895, defendant filed a motion to dismiss because the plaintiff had not filed affidavit of tender of taxes, etc., as required by section 2595, Sandels & Hill’s Digest, which is as follows: “No person shall maintain an action for the recovery of any lands, or for the possession thereof, against any person who may hold such lands by virtue of a purchase thereof, at a sale by the collector or commissioner of state lands, for the non-payment…
2Cases cited2 opinions
- Grider v. Apperson & Co.Supreme Court of Arkansas · 1877
- Pope v. MaconSupreme Court of Arkansas · 1861
3Cited by4 opinions
- Flanagan v. Drainage District No. 17Supreme Court of Arkansas · 1928
- Vulcan Construction Co. v. HarrisonSupreme Court of Arkansas · 1910
- Falls v. JacksonSupreme Court of Arkansas · 1945
- Sugg v. UtleySupreme Court of Arkansas · 1932