Fussell-Graham-Alderson Co. v. Forrest City
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; The property was acquired and used for governmental purposes, and no power of sale exists in the city council, and the chancellor erred in his decree. 47 Ark. 269; 68 Id. 39. Tested by the case in 47 Ark. 269-283, the property, here can be sold.
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Appeal from St. Francis Chancery Court; A. L. Hutchins, Chancellor; The property was acquired and used for governmental purposes, and no power of sale exists in the city council, and the chancellor erred in his decree. 47 Ark. 269; 68 Id. 39. Tested by the case in 47 Ark. 269-283, the property, here can be sold. The city council has declared it to be of no value or convenience for the city, or its inhabitants, and has no value for governmental purposes. 28 Cyc. 124, note 59;; lb., p. 622; 19 R. C. L., par. 64, pp. 758, 760; 68 N. C. 291; L. R. A., 1915 A, p. 1106; 68 Ark. 39.
1Opinion of the Court
"Wood, J.
The only question presented by this appeal is whether or not the appellee, a city of the second class, had authority to sell a lot with a two-story brick building thereon* owned by it, and which for more than twenty years had been used as a city hall and for other municipal purposes, but which for two or three years had been abandoned, because on account of its location and physical condition it could no longer be used to advantage or with economy for such-purposes by the appellee. In Town of Searcy v. Yarnell, 47 Ark. 269-283, we said: “A municipal corporation may be the owner of…
2Cases cited2 opinions
- Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
- Fort Smith v. WilsonSupreme Court of Arkansas · 1911
3Cited by12 opinions
- Arkansas Valley Compress & Warehouse Co. v. MorganSupreme Court of Arkansas · 1950
- Cabbiness v. City of North Little RockSupreme Court of Arkansas · 1957
- Montgomery County v. Maryland-Washington Metropolitan DistrictCourt of Appeals of Maryland · 1953
- Kirkland v. JohnsonSupreme Court of Georgia · 1953
- Lester v. WalkerSupreme Court of Arkansas · 1928
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