Brown v. Frazier

This appeal involves the construction of Ark. Stats., § 34-1421, which is to the general effect that the trial court must, in the absence of an affidavit of tender of payment of taxes, improvements, interests, etc., dismiss the complaint in certain instances.

Appellees, H. W. Wells and H. L. Cooper, filed an ejectment suit against appellant, W. Cl. Brown, in the Chicot Circuit Court, making certain allegations. Those material to this decision are, in substance, as follows: Wells is the owner and entitled to the immediate possession of the land-in question; title in Wells is deraigned through…