Legal Opinion

Pope v. Campbell

Supreme Court of Arkansas

Decided February 15, 1902PublishedCited by 3 opinions

Appeal from Woodruff Chancery Court. Edward D. Bobertson, Chancellor. STATEMENT BY THE COURT. Appellants brought an action in equity praying for the cancellation of deeds founded upon a purchase of lands at overdue tax sale; contending that the tax sale was void, and that the court that made the decree for the sale of the lands for overdue taxes had no jurisdiction, because the warning order required by the statute to be entered upon the record of the chancery court was not…

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Appeal from Woodruff Chancery Court. Edward D. Bobertson, Chancellor. STATEMENT BY THE COURT. Appellants brought an action in equity praying for the cancellation of deeds founded upon a purchase of lands at overdue tax sale; contending that the tax sale was void, and that the court that made the decree for the sale of the lands for overdue taxes had no jurisdiction, because the warning order required by the statute to be entered upon the record of the chancery court was not entered upon the record of that court, but, instead, was entered on the record of the circuit court. At the time of the…

1Opinion of the CourtHughes, J.

(after stating the facts). The only question for the consideration of the court is whether the warning order in the overdue tax proceeding was entered of record as required by the act of 1881, p. 63. The act provides:

Section 1. “That hereafter' any citizen of this state, who shall give security for costs, may file a complaint in equity in the name of the state, in the court having equity jurisdiction,” etc.

Section 2. “ On the filing of such complaint the clerk of the court shall enter on the record an order, which may be in the following form,” etc.

“ Circuits courts- shall have exclusive…

2Cited by3 opinions

  1. Carrier v. ComstockSupreme Court of Arkansas · 1913
  2. Taylor v. LeonardSupreme Court of Arkansas · 1910
  3. Foohs v. BilbySupreme Court of Arkansas · 1907

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