Burgett v. McCray
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court in Chancery. James P. Riddick, Judg-e. The affidavit required under sections 2595-6-7 Sand. .& H. Digest is required only in actions for the recovery •of land or its possession. This was not a suit of that •character. 21 Ark. 323 ; 29 id. 487 ; 43 id. 399; 41 id. 63 ; 43 id. 306; 49 id. 552; 53 id. 418; lb. 423. ■ It was error to dismiss the bill.
1Opinion of the Court
Bourband, Sp. J.
This was a suit on the chancery side of the Crittenden circuit court by appellant, Pearl Burgett, as a child and only heir at law of I. W. Burgett, deceased, to redeem from tax sale certain lands described in her complaint, which were sold for the non-payment of the taxes for 1876 and 1877. It is alleged in the complaint that appellee is in possession of the lands, claiming title under a deed executed by the •commissioner of state lands by virtue of the act of March 14th, 1879. It is alleged that appellant’s father, I. W. Burgett, died in 1872 in possession of and claiming to…
2Cases cited9 opinions
- Bender v. BeanSupreme Court of Arkansas · 1889
- Craig v. FlanaginSupreme Court of Arkansas · 1860
- Chaplin v. HolmesSupreme Court of Arkansas · 1872
- Douglass v. FlynnSupreme Court of Arkansas · 1884
- Kelso v. RobertsonSupreme Court of Arkansas · 1888
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hodges v. HarkleroadSupreme Court of Arkansas · 1905
- Lea v. LewisSupreme Court of Arkansas · 1934
- Chambers v. BurkeSupreme Court of Arkansas · 1937
- Lightle v. LawsSupreme Court of Arkansas · 1916