Bagley v. Castile
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. David W. Carroll, Chancellor. Contends that the act is constitutional. That the law contemplated a sale of the lands after one year, and not a redemption, and that the Chancellor erred in sustaining a general demurrer to the bill, and in not granting the alternative relief prayed, citing numerous authorities. The law contemplated a sale, not a redemption.
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APPEAL from Pulaski Chancery Court. Hon. David W. Carroll, Chancellor. Contends that the act is constitutional. That the law contemplated a sale of the lands after one year, and not a redemption, and that the Chancellor erred in sustaining a general demurrer to the bill, and in not granting the alternative relief prayed, citing numerous authorities. The law contemplated a sale, not a redemption. The title of the act is not a safe criterion to judge of the intention of the Legislature. (Sedgwick on Stat. and Const. Laio, 51; Am. Law Eev., August, 1883.) The intention of the Legislature must…
1Opinion of the CourtEakin, J.
In January, 1882, appellant by petition applied to the Chancery Court for confirmation of a tax title to certain lands, which on the fourteenth day of July, 1879, had been returned by the collector to the county clerk as delinquent for the taxes of 1878. After one, and in less than two years from the date of said return, Bagley “redeemed” them from the county clerk, and obtained a deed of conveyance, which he sets forth. There is no question of the regularity of the proceedings or of the delinquency up to the time of the return of the list. Notice was given of the petition by proper…
2Cases cited1 opinion
- Baker v. KelleySupreme Court of Minnesota · 1866
3Cited by6 opinions
- Bradbury v. DumondSupreme Court of Arkansas · 1906
- Mason v. GatesSupreme Court of Arkansas · 1907
- Smith v. ThorntonSupreme Court of Arkansas · 1905
- Beebe v. Little RockSupreme Court of Arkansas · 1900
- Martin v. BarbourUnited States Circuit Court · 1888
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