Legal Opinion

Neil v. Rozier

Supreme Court of Arkansas

Decided May 15, 1887PublishedCited by 5 opinions

APPEAL from Benton Circuit Court. J. M. Pittman, Judge. 1. A minor can convey with his land the right to redeem from a purchaser at tax sale. The right is not personal to the minor, but passes to his vendee, jp Ark., 584; Cooley Tax., JÓ6; Burroughs Tax., 366-7, notes; Blackwell Tax Titles, 426. 2. Redemption statutes are liberally construed, and in Iowa it is held that the assignee or vendee of a minor may redeem from a tax purchaser.

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APPEAL from Benton Circuit Court. J. M. Pittman, Judge. 1. A minor can convey with his land the right to redeem from a purchaser at tax sale. The right is not personal to the minor, but passes to his vendee, jp Ark., 584; Cooley Tax., JÓ6; Burroughs Tax., 366-7, notes; Blackwell Tax Titles, 426. 2. Redemption statutes are liberally construed, and in Iowa it is held that the assignee or vendee of a minor may redeem from a tax purchaser. Stout v. Merrett, 33 Iowa, 47. The right to redeem land sold for taxes is personal to a minor, and if after he becomes 'adult, but within the time allowed him…

1Opinion of the CourtCockrill, C. J.

The tract of land which gives rise to this appeal was sold to the State for the non-payment of the taxes of 1870. The date of the sale is not shown. It was conveyed by the State, however, to one Campbell in 1876; the tax proceedings are conceded to have been regular, and the collector’s sale was doubtless made in 1871. When the land was forfeited to the State, Ruberna Smith, who was then a minor, was the owner of an undivided share of it. A few months after reaching her majority, she executed a deed of all her interest in the land to the appellant, Neil. The tax title had in the meantime come…

2Cases cited1 opinion

  1. Stout v. MerrillSupreme Court of Iowa · 1872

3Cited by5 opinions

  1. Pulaski County v. HillSupreme Court of Arkansas · 1911
  2. Schuman v. WestbrookSupreme Court of Arkansas · 1944
  3. Bradbury v. JohnsonSupreme Court of Arkansas · 1912
  4. McConnell v. SwepstonSupreme Court of Arkansas · 1899
  5. Tarrence v. BergSupreme Court of Arkansas · 1941

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