Black v. Brown
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; 1.The tax deed was not void. Under it L. A. Black, the only heir of the tax purchaser, went into actual possession and has had two years’ possession under the tax deed. The deed should have been upheld. Kirby’s Digest, § 5061; 60 Ark. 163-8. Appellant has paid the taxes for 20 years and the appellees are barred. 1. The tax sale was void.
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Appeal from Arkansas Chancery Court, Northern District; John M. Elliott, Chancellor; 1.The tax deed was not void. Under it L. A. Black, the only heir of the tax purchaser, went into actual possession and has had two years’ possession under the tax deed. The deed should have been upheld. Kirby’s Digest, § 5061; 60 Ark. 163-8. Appellant has paid the taxes for 20 years and the appellees are barred. 1. The tax sale was void. The lands were assessed and sold en masse. 61 Ark. 414. 2. There were no laches. The deed is no deed at all — not even color of title. There is no 'grantee — the grantee is…
1Opinion of the CourtHart, J.
(after stating the facts). At common law a deed or grant in which the grantees are described as the heirs of a named living person is void for the reason that there are no persons in esse who can take under that description, as it can not be ascertained during the life of a person who will be his heirs. Case note to 18 A. & E. Ann. Cas. at page 873.(1) It is contended by counsel for appellees that the deed in question falls under the condemnation of this common law rule, but we do not agree with counsel in this contention. Here it was known .that P. M. Black had died intestate and there was…
2Cases cited3 opinions
- Gannon v. MooreSupreme Court of Arkansas · 1907
- Ready v. KearsleyMichigan Supreme Court · 1866
- City Bank of Portage v. PlankWisconsin Supreme Court · 1910
3Cited by14 opinions
- Carlson v. LindauerCalifornia Court of Appeal · 1953
- Skelly Oil Company v. JohnsonSupreme Court of Arkansas · 1946
- Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943
- Champion v. WilliamsSupreme Court of Arkansas · 1924
- Hunt v. BoyceSupreme Court of Arkansas · 1928
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