Cribbs v. Benedict
Supreme Court of Arkansas
Appeal from Faulkner Chancery Court. Thomas B. Martin, Chancellor. Compulsory drainage is authorized by statute (Sand. & H. Dig., §§ 1203-1232), and the burden is on appellees to show the omission of any step requisite to the fixing of a valid lien on the land.
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Appeal from Faulkner Chancery Court. Thomas B. Martin, Chancellor. Compulsory drainage is authorized by statute (Sand. & H. Dig., §§ 1203-1232), and the burden is on appellees to show the omission of any step requisite to the fixing of a valid lien on the land. Sand. & H. Dig., § 6632; 49 Ark. 190. Variation between the location of the ditch as described in the petition and as actually located by the viewers is not fatal to the jurisdiction of the court to order the ditch dug as located by the viewers, so long as the ditch commences at the point described in the petition and follows the line…
1Opinion of the CourtWood, J.
Appellant purchased certain lands belonging to appellees at a sale of same for taxes, and received a certificate of purchase. Appellees brought suit to set aside the sale, and cancel the certificate of purchase, alleging, inter alia, that the lands were sold for an illegal' ditch tax, which rendered the sale void. Appellant concedes that the sale was void, on account of an illegal fencing tax which was included in the amount for which the sale was made, but contended that the ditch tax was legal, and a valid lien upon the land, and he made his answer a cross-bill, and asked that the ditch tax…
2Cases cited29 opinions
- Matter of RyersNew York Court of Appeals · 1878
- Jerome v. RossNew York Court of Chancery · 1823
- Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
- Rogers v. BradshawCourt for the Trial of Impeachments and Correction of Errors · 1823
- Hagar v. Board of SupervisorsCalifornia Supreme Court · 1874
24 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
- State ex rel. Utick v. Board of County CommissionersSupreme Court of Minnesota · 1902
- Levy v. AlbrightSupreme Court of Arkansas · 1942
- Shibley v. Fort SmithSupreme Court of Arkansas · 1910
- Cotham v. CoffmanSupreme Court of Arkansas · 1914
42 more not listed; retrieve them via the Exa API.