Legal Opinion

Doniphan Lumber Co. v. Reid

Supreme Court of Arkansas

Decided February 18, 1907PublishedCited by 3 opinions

Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees, the only heirs of E. O. Reid, to quiet title to a tract of land in Cleburne County. The appellees in their complaint deraigned title from the United States to one Fuller, from Fuller to Barnard, and from Barnard to E. O. Reid, the ancestor of appellees.

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Appeal from Cleburne Chancery Court; George T. Humphries, Chancellor; STATEMENT BY THE COURT. This suit was brought by appellees, the only heirs of E. O. Reid, to quiet title to a tract of land in Cleburne County. The appellees in their complaint deraigned title from the United States to one Fuller, from Fuller to Barnard, and from Barnard to E. O. Reid, the ancestor of appellees. They alleged that appellant claimed title by virtue of a sale of the land for the taxes of 1874 and 1875, and alleged that the sale and deed thereunder were void for various reasons, one of them being “that county…

1Opinion of the Court

Wood, J.,

(after stating the facts.) The court erred in finding that the county tax of $1.12 for which the land was sold exceeded the constitutional limit, and in cancelling appellant’s deeds for that reason. Sec. 9, art. 16, Const. 1874, provides: “No county shall levy a tax to exceed one half of one per cent, for all purposes, but may levy an additional one half of one per cent, to pay indebtedness existing at the ratification of this Constitution.” The burden was upon appellees. Cracraft v. Meyer, 76 Ark. 450. They did not sustain it by merely showing that the land was assessed at $160, and…

2Cases cited1 opinion

  1. Cracraft v. MeyerSupreme Court of Arkansas · 1905

3Cited by3 opinions

  1. Maney v. BurkeSupreme Court of Arkansas · 1909
  2. Foster v. Jefferson County Quorum CourtSupreme Court of Arkansas · 1995
  3. Foster v. Jefferson County Quorum CourtSupreme Court of Arkansas · 1995

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