Miners' Bank v. Churchill
Supreme Court of Arkansas
Appeal from Van Burén Chancery Court; Ben F. McMahan, Chancellor; The court had no right to direct that the taxes due upon the land at the date of the confirmation of the sale be paid out of the proceeds of the sale. This was a judicial sale, the rule of caveat em-ptor will apply and the purchaser bought subject to all liens and encumbrances. 32 Ark. 112; 74 Id. 596; 18 A. & E. Ann. Cases, 500; 41 S. E. 247; 117 Am.
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Appeal from Van Burén Chancery Court; Ben F. McMahan, Chancellor; The court had no right to direct that the taxes due upon the land at the date of the confirmation of the sale be paid out of the proceeds of the sale. This was a judicial sale, the rule of caveat em-ptor will apply and the purchaser bought subject to all liens and encumbrances. 32 Ark. 112; 74 Id. 596; 18 A. & E. Ann. Cases, 500; 41 S. E. 247; 117 Am. St. Rep. 425. 1. No motion was made in the lower court to correct the error, if any. Kirby’s Digest, § 1233; 68 Ark. 71; 93 Ark. 290; 56 S. W. 532; 124 Id. 263. The order of sale…
1Opinion of the CourtWood, J.
This appeal was from an order of the chancery court approving and confirming a report of its commissioner whom it appointed to make the sale upon decree of foreclosure.
The court directed that the commissioner make a deed to the purchaser named in said report upon his complying with the terms of his purchase, and present it to the court for its action thereon, and concludes as follows: “And it is further ordered by the court that the commissioner pay all costs and taxes now due on said land out of the purchase money.”
The order here appealed from is not final, because t does not adjudicate that…
2Cases cited3 opinions
- Davis v. HaleSupreme Court of Arkansas · 1914
- Boone County Bank v. ByrumSupreme Court of Arkansas · 1900
- Shinn v. StateSupreme Court of Arkansas · 1910
3Cited by4 opinions
- Ark. State Highway Comm. v. KesnerSupreme Court of Arkansas · 1965
- Beard v. BeardSupreme Court of Arkansas · 1944
- Miners' Bank v. ChurchillSupreme Court of Arkansas · 1922
- Ark. State Highway Comm. v. KesnerSupreme Court of Arkansas · 1965