Legal Opinion

Bonnell v. Roane

Supreme Court of Arkansas

Decided January 15, 1859PublishedCited by 2 opinions

Appeal from Jefferson Circuit Court, in Chancery. Hon. Ti-ieodoric F. Sorrells, Circuit Judge. The most liberal view that can be taken of the case at bar, for the complainant, is, that it is a proceeding for confirmation of title, under the act of November 3d, 1836, which provides, that in that proceeding, a sheriff’s deed shall be sufficient evidence of the authority under which the sale wras made, the description of the land, and the price at which it was purchased.

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Appeal from Jefferson Circuit Court, in Chancery. Hon. Ti-ieodoric F. Sorrells, Circuit Judge. The most liberal view that can be taken of the case at bar, for the complainant, is, that it is a proceeding for confirmation of title, under the act of November 3d, 1836, which provides, that in that proceeding, a sheriff’s deed shall be sufficient evidence of the authority under which the sale wras made, the description of the land, and the price at which it was purchased. This provision is construed in Overman vs. Parker, 18 How. 137, to mean, when applied to this case, that here the deed is…

1Opinion of the CourtChief Justice English

This was a bill to quiet title, etc., filed by John S. Roane in the Circuit Court of Jefferson county, on the 7th of September, 1852, against Stephen Bonnell, Barnett B. Hart, Abram C. Labatt and Esther Hart, etc.

Decree in favor of Roane, and Bonnell appealed.

Roane claims the land in controversy under a tax title. Bonnell claims it under a decree confirming a tax title, etc., which the bill alleges to be fraudulent and void, and prays it to be so declared, and the Court below so decreed.

We will first consider the validity of Roane’s claim to the land. If he had no title, he had no cause to…

2Cases cited3 opinions

  1. Parker v. OvermanSupreme Court of the United States · 1856
  2. Bradstreet v. ClarkeNew York Supreme Court · 1834
  3. Patrick v. DavisSupreme Court of Arkansas · 1854

3Cited by2 opinions

  1. Wallace v. BrownSupreme Court of Arkansas · 1860
  2. Scott v. WatkinsSupreme Court of Arkansas · 1861

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