Morrow v. James
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court in Chancery. Felix G. Tayloe, Judge. STATEMENT BY THE COURT. This suit is in ejectment by appellant for certain lands described in the complaint. There was judgment for the appellee, from which appeal was taken to this conrt.
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Appeal from Crittenden Circuit Court in Chancery. Felix G. Tayloe, Judge. STATEMENT BY THE COURT. This suit is in ejectment by appellant for certain lands described in the complaint. There was judgment for the appellee, from which appeal was taken to this conrt. The appellant claimed by virtue of the eighth clause of the will of his grandfather, George S. Fogelman, which reads as follows: “Item 8. As to the balance and remainder of my estate, real, personal and mixed, after paying off my debts and the above specified legacies, I do hereby will, give and bequeath to my beloved daughter,…
1Opinion of the Court
Hugiijes, J.,
(after stating the facts). We are of the opinion that there is no sufficient evidence to show that appellant had ratified and confirmed the sale of her interest in the land in controversy by Olmstead, her guardian. We think that the record shows that appellee undertook and was obliged to redeem the land from taxes, and could not therefore set up the tax purchase in bar of plaintiff’s right of action. ■
Before the statute of limitations of five years could apply, there must have been confirmation of the sale made under the order of the probate court. Without confirmation, there was…
2Cases cited5 opinions
- McVey v. McVeySupreme Court of Missouri · 1873
- Wells v. RiceSupreme Court of Arkansas · 1879
- Watts v. CookSupreme Court of Kansas · 1880
- Maxwell v. CampbellIndiana Supreme Court · 1873
- Mulford v. BeveridgeIllinois Supreme Court · 1875
3Cited by9 opinions
- Collins v. Paepcke-Leicht Lumber Co.Supreme Court of Arkansas · 1905
- Rogers v. OgburnSupreme Court of Arkansas · 1915
- Cowling v. NulsonSupreme Court of Arkansas · 1905
- LeSieur v. SpikesSupreme Court of Arkansas · 1915
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
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