Hay v. Nickey Bros.
Supreme Court of Arkansas
Appeal from Calhoun Chancery Court; J. M. Balter, Chancellor; 1. Appellants ’ ancestor, Dan W. Fellows, had title, and the payment of taxes in Calhoun County did not set section 5057 of Kirby’s Digest in operation and bar appellants by limitation. The lands being in Calhoun County, the sale for taxes in Bradley County was void. 23 Ark. 370; 37 Cyc. 950; 79 Ga. 721; 9 Ohio 163; 68 Pa.
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Appeal from Calhoun Chancery Court; J. M. Balter, Chancellor; 1. Appellants ’ ancestor, Dan W. Fellows, had title, and the payment of taxes in Calhoun County did not set section 5057 of Kirby’s Digest in operation and bar appellants by limitation. The lands being in Calhoun County, the sale for taxes in Bradley County was void. 23 Ark. 370; 37 Cyc. 950; 79 Ga. 721; 9 Ohio 163; 68 Pa. St. 260; 103 Ark. 579; 37 Cyc. 951; 94 N. Y. S. 488. Statutes of limitation are strictly construed and there must be seven consecutive payments of taxes before the bar attaches. 75 Ark. 302; 180 S. W. 752; 102…
1Opinion of the CourtWood, J.
This action was brought in the Calhoun Chancery Court to cancel a tax deed and recover damages from the appellees for timber cut from all of that part of the east half of the southeast quarter and the northeast quarter of northeast quarter of section 15, and east half of the northeast quarter of section 22, in township 13 south of range 12 west, lying- west of the Moro Creek in Calhoun County, Arkansas.
The appellants (plaintiffs below) after deraigning their title from the United States Government, allege in their complaint that the appellees (defendants below) are claiming the lands under…
2Cases cited4 opinions
- Chatfield v. Iowa & Arkansas Land Co.Supreme Court of Arkansas · 1908
- Burbridge v. WilsonSupreme Court of Arkansas · 1911
- McGill v. AdamsSupreme Court of Arkansas · 1915
- Toby v. HaggertySupreme Court of Arkansas · 1861
3Cited by3 opinions
- Burbridge v. Bradley Lumber Co. of ArkansasSupreme Court of Arkansas · 1948
- Stout Lumber Co. v. TreadwellSupreme Court of Arkansas · 1924
- Burbridge v. Bradley Lumber Co. of ArkansasSupreme Court of Arkansas · 1948