Gallagher v. Johnson
Supreme Court of Arkansas
Appeals from Monroe Circuit Court. James S. Thomas, Judge. The proceedings in the overdue tax sale are void, because: (1) The warning order and pro confesso decree are at variance as to the year for which the taxes on the north forty acres are alleged to be in default. 56 Ark. 419; 55 Ark. 30; Acts Ark. 1881, p. 65, §§ 2 and 3. The rates for the two years mentioned are different, and of this fact the court takes judicial knowledge. Acts 1877, p. 45; Acts 1875, Adj.
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Appeals from Monroe Circuit Court. James S. Thomas, Judge. The proceedings in the overdue tax sale are void, because: (1) The warning order and pro confesso decree are at variance as to the year for which the taxes on the north forty acres are alleged to be in default. 56 Ark. 419; 55 Ark. 30; Acts Ark. 1881, p. 65, §§ 2 and 3. The rates for the two years mentioned are different, and of this fact the court takes judicial knowledge. Acts 1877, p. 45; Acts 1875, Adj. Sess. p. 18; 23 Ark. 387; Hempstead, 563. (2) The proof of publication is defective and insufficient. 51 Ark. 34; Mansf. Dig., §…
1Opinion of the CourtBunn, C. J.
This (3259) is a suit in ejectment to recover the E. ¿ of N.W. | of section 34, T. 1 S., B. 2 W., in Monroe county, alleged to be wrongfully held by the defendant for one year next past, and damages in the sum of $- for unlawful detention. The cause was determined in favor of defendants, and plaintiff appealed. (The two cases are heard together, as they involve in part the same questions.)
It appears that Ambrose Gallagher, the son of Patrick Gallagher, and the brother of appellants James Gallagher and Mollie Wall, and uncle of appellant Kate Wall, aad brother also of Augustus Gallagher (who…
2Cases cited5 opinions
- Applegate v. Lexington & Carter County Mining Co.Supreme Court of the United States · 1886
- Gibney v. CrawfordSupreme Court of Arkansas · 1888
- Lusk v. Perkins & GeorgeSupreme Court of Arkansas · 1886
- Cross v. WilsonSupreme Court of Arkansas · 1889
- Hunger v. BarlowSupreme Court of Iowa · 1874
3Cited by11 opinions
- Clay v. BilbySupreme Court of Arkansas · 1904
- Davis v. NealSupreme Court of Arkansas · 1911
- Wallace v. HillSupreme Court of Arkansas · 1918
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Bradley Lumber Co. of Ark. v. BurbridgeSupreme Court of Arkansas · 1948
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