Keith v. Freeman
Supreme Court of Arkansas
APPEAL from Benton Circuit Court. Hon. J. M. Pittman Circuit Judge. Appellees are -barred by limitation, Sec. 4117 Gantt’s Digest, also by two years limitation curing all defects in the manner of assessing, levying of taxes or any other irregularity of any officer. Seo. 5217 Gantt’s Digest. Having established a prima -fade title in appellant by the certificate of the clerk duly recorded, and chain of title from the State, the burden to disprove was on appellees.
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APPEAL from Benton Circuit Court. Hon. J. M. Pittman Circuit Judge. Appellees are -barred by limitation, Sec. 4117 Gantt’s Digest, also by two years limitation curing all defects in the manner of assessing, levying of taxes or any other irregularity of any officer. Seo. 5217 Gantt’s Digest. Having established a prima -fade title in appellant by the certificate of the clerk duly recorded, and chain of title from the State, the burden to disprove was on appellees. Sec 5206 Gantt’s Dig.; 19 Ark., 611/ 15 Id., 331. As to the minors; if they have a right to redeem they must pursue the remedy…
1Opinion of the CourtEakin, J.
This is an action of ejectment brought by the heirs of Jackson S. Freeman, who died in 1861, the recognized owner. The prima facie title of plaintiffs was. thus established.
The defendant Keith defended upon a tax title, alleging in his answer, that the tract of land in controversy was sold by the Collector on — day of May 1872 for the taxes of 1870 and 1871, was bid in by the State and not redeemed, and in 1845 was certified to the Commissioner of State Lands, and that on the 8th of March 1879, it was purchased of the Commissioner by parties who obtained a deed and had the same recorded,…
2Cited by13 opinions
- Hirsch and Schuman v. Dabbs and MivelazSupreme Court of Arkansas · 1939
- Quertermous v. WallsSupreme Court of Arkansas · 1902
- Brown v. RushingSupreme Court of Arkansas · 1902
- Reese v. CannonSupreme Court of Arkansas · 1905
- Bradbury v. JohnsonSupreme Court of Arkansas · 1912
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