Craig v. Flanagin
Supreme Court of Arkansas
Appeal from the Circuit Court of Dallas County in Chancenj. Hon. Ti-ieodoric F. Sorrells, Circuit Judge. The act of 10th January, 1857, attempting to cut off eo instanii existing causes of action, is unconstitutional and void. Smith’s Com. secs. 371, 372; 2 Gall. Rep. 105; 2 Greenlf. Rep. 293; 4 Wheat. Rep. 122. The 2d and 3d sections, attempting to deprive a man of his property without a trial, violate Art. 7, Const.
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Appeal from the Circuit Court of Dallas County in Chancenj. Hon. Ti-ieodoric F. Sorrells, Circuit Judge. The act of 10th January, 1857, attempting to cut off eo instanii existing causes of action, is unconstitutional and void. Smith’s Com. secs. 371, 372; 2 Gall. Rep. 105; 2 Greenlf. Rep. 293; 4 Wheat. Rep. 122. The 2d and 3d sections, attempting to deprive a man of his property without a trial, violate Art. 7, Const. U. S.and secs. 2 and 10 of Art. 2, Const, of Ark., 4 Dill’s Rep. 146; 1 Dev. Rep. 4; 10 Yerg. Rep. 59; 2 Kent’s Com. 24 part 14; 2 Story on Const. U. S. 661; 18 Wend. 657; 13…
1Opinion of the CourtJustice Fairchild
The lands concerning which the complaint of the bill is preferred, were taxed in Clark county in 1842, against McKay W. Campbell as a non-resident, who was the same person from whom the plaintiff, in 1841, obtained a deed to the same lands.
For default of the payment of the taxes they were offered for sale by the collector of Clark county, in November, 1842, and the defendants Flanagin and Duncan with Benjamin L. Brittin purchased them. On the 4th of March, 1843, Brittin endorsed upon the certificate of purchase taken by the purchasers, that he had transferred his interest in the lands to his…
2Cases cited2 opinions
- Green v. BiddleSupreme Court of the United States · 1823
- Merrick & Fenno v. HuttSupreme Court of Arkansas · 1854
3Cited by12 opinions
- Keely v. SandersSupreme Court of the United States · 1879
- Bender v. BeanSupreme Court of Arkansas · 1889
- Bennett v. DavisSupreme Judicial Court of Maine · 1897
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Anselmo v. JamesDistrict Court, D. Massachusetts · 1978
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