Magness v. Harris
Supreme Court of Arkansas
Appeal from Cleburne Circuit Court; Blbridge G. Mitchell, Judge; 1. By ancient statute, -any act of waste was a cause of forfeiture of a life tenant’s estate. 6 Edw. I, c. 5; 2 Blackstone’s Com. 283; Coke on Littleton, 218. Neglect of a tenant to pay taxes is waste. 4 Kent, Com. 74; 5 Hun, 28; 22 Me. 331; 42 Ore. 437. And a life tenant is liable for all expenses for preservation of the property and the payment of taxes.
Read the full summary
Appeal from Cleburne Circuit Court; Blbridge G. Mitchell, Judge; 1. By ancient statute, -any act of waste was a cause of forfeiture of a life tenant’s estate. 6 Edw. I, c. 5; 2 Blackstone’s Com. 283; Coke on Littleton, 218. Neglect of a tenant to pay taxes is waste. 4 Kent, Com. 74; 5 Hun, 28; 22 Me. 331; 42 Ore. 437. And a life tenant is liable for all expenses for preservation of the property and the payment of taxes. Pingrey on Real Prop. § 318. See also 12 Me. 436; 19 Me. 291; 51 Me. 436; Code Ga. (1895), § 3090. 2. If appellee was a life tenant, and if she neglected to pay the taxes…
1Opinion of the CourtMcCulloch, J.
This is an action at law brought by appellants, who were heirs at law of Robert Magness, deceased, against appellee, who is the widow of said decedent, to recover possession of a -tract of land owned by said decedent. The land in controversy had been duly assigned to the widow as part of her dower. She failed to pay the taxes assessed against it for the year 1900, and the same was sold by the tax collector on June 11, 1901, and purchased by one of the appellants, who received a deed therefor from the county clerk after the expiration of the statutory period of two years allowed for redemption…
2Cases cited7 opinions
- Phelan v. BoylanWisconsin Supreme Court · 1870
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- Woodward v. GatesSupreme Court of Georgia · 1868
- Hunt v. GardnerSupreme Court of Arkansas · 1905
- Stetson v. DaySupreme Judicial Court of Maine · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Champion v. WilliamsSupreme Court of Arkansas · 1924
- Hirsch and Schuman v. Dabbs and MivelazSupreme Court of Arkansas · 1939
- Cecil v. Tisher and FriendSupreme Court of Arkansas · 1944
- Galloway v. BattagliaSupreme Court of Arkansas · 1918
- Witcher v. HanleySupreme Court of Missouri · 1923
12 more not listed; retrieve them via the Exa API.