Elliott v. Pearce
Supreme Court of Arkansas
Appeal from Phillips Circuit ,Court in Chancery. Hon. Georoe W. Beazley, Circuit Judge. contended that the Circuit Court erred in striking out the demurrer of the complainant to the cross-bill; in refusing an extension of time to answer the cross-bill; and in refusing to permit the answer to be filed when presented. That although a tax-sale may be void, a person claiming under it is entitled to compensation for improvements.
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Appeal from Phillips Circuit ,Court in Chancery. Hon. Georoe W. Beazley, Circuit Judge. contended that the Circuit Court erred in striking out the demurrer of the complainant to the cross-bill; in refusing an extension of time to answer the cross-bill; and in refusing to permit the answer to be filed when presented. That although a tax-sale may be void, a person claiming under it is entitled to compensation for improvements. Blackwell on Tax Titles, 688 to 696, note 4, p. 691. The title of Elliott was good by possession and limitation, under the act of 3d March, 1838. (Dig., ch. 99, sec. 6.)…
1Opinion of the CourtChief Justice English
On the 2d of May, 1853, Caleb Elliott filed a bill in the Circuit Court of Phillips county, against Thomas Pearce, Ephraim Putnam, and his wife Prudence, to quiet title, etc., to the southwest quarter of section 29, towmship one north, range four east, etc.
At the return term, (Nov. 1853,) a decree pro confesso, was taken against Putnam and wife; Pearce answered the bill, making his answer a cross-bill; Elliott filed a replication to the answer, and entered his appearance to tho cross-bill, under an agreement that he should not answer it until the next term.
At the May term, 1854, Elliott filed…
2Cases cited3 opinions
- Noakes v. MartinIllinois Supreme Court · 1853
- McDaniel v. GraceSupreme Court of Arkansas · 1855
- Kittlewell v. ScullSupreme Court of Arkansas · 1841
3Cited by10 opinions
- Ross v. RoyalSupreme Court of Arkansas · 1905
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- Van Etten v. DaughertySupreme Court of Arkansas · 1907
- Harrod v. MyersSupreme Court of Arkansas · 1860
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