Legal Opinion

Mitchell v. Etter

Supreme Court of Arkansas

Decided October 15, 1860PublishedCited by 7 opinions

Appeal from Hempstead Circuit Court in Chancery. Hon. Shelton Watson, Circuit Judge. argued this case and that of Mitchell vs. Kinsworthy, (21 Ark.) at length, upon the points decided in that case. On the defence of limitation he said': If it is true, as contended by Mitchell and wife, that this tax deed is void, it is useless for any purpose. The defence of limitation cannot be made under such a deed.

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Appeal from Hempstead Circuit Court in Chancery. Hon. Shelton Watson, Circuit Judge. argued this case and that of Mitchell vs. Kinsworthy, (21 Ark.) at length, upon the points decided in that case. On the defence of limitation he said': If it is true, as contended by Mitchell and wife, that this tax deed is void, it is useless for any purpose. The defence of limitation cannot be made under such a deed. In Wallingford vs. Fislce, 24 Maine, 386, the court ruled “ that a tax sale and deed being void could give no rights whatever, they were as ineffectual to give seizin as they were to give…

1Opinion of the Court

Mr.^fÉstice Compton

delivered the opinion of the Court.

This was a bill in equity brought by Mitchell & wife against Etter and others, to cancel a tax title, under which the defendants claimed certain lands lying in the county of Hempstead.

At the hearing in the court below', the chancellor was of opinion that the tax title, as to a part of the lands, was valid, and decreed accordingly, upon the ground that there was no irregularity in the assessment; and in this did not err, according to the decision of this court in Kinsworthy vs. Mitchell & wife, decided at January term, 1860, where, as to…

2Cases cited2 opinions

  1. Falkner v. DormanWisconsin Supreme Court · 1859
  2. Shell v. MartinSupreme Court of Arkansas · 1857

3Cited by7 opinions

  1. Ashley Co. v. BradfordSupreme Court of Louisiana · 1902
  2. Jones v. RandleSupreme Court of Alabama · 1880
  3. Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
  4. Bland v. FleemanSupreme Court of Arkansas · 1893
  5. Johnson v. TaylorSupreme Court of Arkansas · 1919

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