Chancellor v. Banks
Supreme Court of Arkansas
Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; Appellee is barred by his laches in neglecting, he and those under whom he claims, to assert their rights for more than forty years, and until the enhanced value of the lands made an assertion of title to appear advantageous. 96 U. S.. 611; 155 U. S. 314; 43 Fed. 12; 78 Tex. 84; 81 Ark. 352; 10 Am. & Eng. Dec. in Eq. 91; 1 Dillon (U. S.) 333; Fed. Cas.
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Appeal from Prairie Chancery Court; John M. Elliott, Chancellor; Appellee is barred by his laches in neglecting, he and those under whom he claims, to assert their rights for more than forty years, and until the enhanced value of the lands made an assertion of title to appear advantageous. 96 U. S.. 611; 155 U. S. 314; 43 Fed. 12; 78 Tex. 84; 81 Ark. 352; 10 Am. & Eng. Dec. in Eq. 91; 1 Dillon (U. S.) 333; Fed. Cas. No. 9952; 5 Fed. 305; 49 Fed. 512; 53 Fed. 415; 57 Fed. 959; 79 Fed. 143; 61 Ark. 575 ; Id. 527. Laches is not merely delay, but delay that works injury to another. 81 Ark. 432.…
1Opinion of the CourtBattle, J.
On the 12th day of August, 1907, W. R. Banks brought suit in the Prairie Chancery Court against John C. Chancellor and H. P. 'Chancellor to quiet title to certain lands. Pie traces his title through mesne 'Conveyances to the State of Arkansas. The defendants also trace their title in like manner to the same source, but they do so through a void tax sale. One half the land was sold in Prairie County, on the 26th day of July, 1869, at a sale for the taxes .of 1868; and the other half was sold in White County, on the 22d day of August, 1869, at a sale for the taxes of the same year. The State…
2Cases cited14 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Clay v. BilbySupreme Court of Arkansas · 1904
- Penrose v. DohertySupreme Court of Arkansas · 1902
9 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Miller v. HenrySupreme Court of Arkansas · 1912
- Fordyce v. VickersSupreme Court of Arkansas · 1911
- Rachels v. Stecher Cooperage WorksSupreme Court of Arkansas · 1910
- Belcher v. HarrSupreme Court of Arkansas · 1910
- Herget v. McLeodSupreme Court of Arkansas · 1912
7 more not listed; retrieve them via the Exa API.