Rhea v. McWilliams
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. George M. Chaplins, Judge. statement by the court. John McWilliams claimed title to the following land in Arkansas County, towit: Northeast quarter section 26, township 4 south, range 2 west, by virtue of a tax sale made by the collector for nonpayment of taxes in the year 1869. The clerk’s deed under said sale was not made until the year 1897. Robert Bonner also claimed title ’to the same land by virtue of a sale for the nonpayment of…
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Appeal from Arkansas Circuit Court. George M. Chaplins, Judge. statement by the court. John McWilliams claimed title to the following land in Arkansas County, towit: Northeast quarter section 26, township 4 south, range 2 west, by virtue of a tax sale made by the collector for nonpayment of taxes in the year 1869. The clerk’s deed under said sale was not made until the year 1897. Robert Bonner also claimed title ’to the same land by virtue of a sale for the nonpayment of taxes made in the year 1892, and by virtue of the clerk’s deed based on said sale executed in 1894. Bonner took possession…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an action of ejectment where both parties claim under tax deeds which are admitted to be void on account of the sale being made for a greater sum than the law allowed. But the court decided the case in favor of the plaintiff on the ground that under the statute the defendant had no right to question the validity of the tax deed under which the plaintiff claimed. The statute under which the court based its decision is as follows:
“But no person shall be permitted to question the title acquired by a deed of the county clerk, without first showing…
2Cited by9 opinions
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Reynolds v. SnyderSupreme Court of Arkansas · 1915
- Meyer v. SnellSupreme Court of Arkansas · 1909
- Hornor v. JarrettSupreme Court of Arkansas · 1911
- Lightle v. LawsSupreme Court of Arkansas · 1916
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