Allen v. Swoope
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court in Chancery. Felix G. Taylor, Judge. The answer of defendant does not deny the allegation of ownership by plaintiff, and hence it must be taken as confessed. Sand. & H. Dig., § 5761. Appellee is estopped to deny the validity of the decree of foreclosure, or the title of the respective parties thereto.
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Appeal from Crittenden Circuit Court in Chancery. Felix G. Taylor, Judge. The answer of defendant does not deny the allegation of ownership by plaintiff, and hence it must be taken as confessed. Sand. & H. Dig., § 5761. Appellee is estopped to deny the validity of the decree of foreclosure, or the title of the respective parties thereto. Act January 16, 1861, § 4, p. 236;' 57 Ark. 58; 38 Ark. 181. The tax forfeitures of 1866 and 1872 were void, so far as the state’s lien was concerned. Gantt’s Dig., § 3984; 39 Ark. 315; 39 ib. 583. The tax sale is also void because it includes a parcel not…
1Opinion of the CourtBunn, C. J.
In 1839, one,Perry W. Porter, being the owner of an undivided one-half of the fractional east half of section 16, township 3 north, range 7 east, in Crittenden county, and being largely indebted to the Beal Estate Bank, mortgaged the same to secure said indebtedness.
In 1881, the State of Arkansas, through the attorney general, instituted in the Pulaski chancery court, in pursuance of law, proceedings to foreclose said mortgage on said land, and Thomas H. Allen, the original plaintiff herein, who in the meantime had become the owner, as he claims, of the other undivided half-interest,…
2Cases cited2 opinions
- McConnell v. DaySupreme Court of Arkansas · 1896
- Harrison v. WilliamsSupreme Court of Arkansas · 1882
3Cited by7 opinions
- National Surety Corporation v. Inland Properties, Inc.District Court, E.D. Arkansas · 1968
- Dickinson v. DuckworthSupreme Court of Arkansas · 1905
- Smith v. SimpsonSupreme Court of Arkansas · 1917
- Longino v. Barr-Warren Commission Co.Supreme Court of Arkansas · 1907
- Prouty v. Guaranty Loan & Trust Co.Supreme Court of Arkansas · 1927
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