Legal Opinion

Kennedy v. Burns

Supreme Court of Arkansas

Decided November 3, 1919PublishedCited by 9 opinions

Appeal from Hempstead Chancery Court; Jatnes D. Shaver, Chancellor; 1. The tax deed did not carry the title; the description is too indefinite. 50 Ark. 484; 56 Id. 172; 99 Id. 460; 69 Id. 357. 2. Appellants are not barred. 126 Ark. 1. The doctrine of laches does not apply.

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Appeal from Hempstead Chancery Court; Jatnes D. Shaver, Chancellor; 1. The tax deed did not carry the title; the description is too indefinite. 50 Ark. 484; 56 Id. 172; 99 Id. 460; 69 Id. 357. 2. Appellants are not barred. 126 Ark. 1. The doctrine of laches does not apply. The transfer to chancery was done without objection and deprived appellants of no rights. y 26 Ark. 59; 51 Id. 259; 60 Ark. 70. 3. Appellee is not entitled to recover for improvements, as neither Dougherty nor Burns was a bona fide occupant. It was the duty of the life tenant to pay the taxes. 33 Ark. 267; 42 Id. 215; 44…

1Opinion of the CourtMcCULLOCH, C. J.

Appellants instituted this action against appellee in the circuit court of Hempstead County to recover possession of a tract of land containing 106 acres in that county, title to which is asserted by inheritance from their ancestor, W. H. Kennedy, who died on September 7, 1857, the owner of that tract and other lands in Hempstead County. W. H. Kennedy left surviving his widow, Martha E., to whom the tract of land in controversy was duly assigned as her dower. The widow subsequently removed to the State of Georgia and intermarried with one Nickerson, and died on November 22,1914, and this…

2Cases cited6 opinions

  1. Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
  2. Halliburton v. BrinkleySupreme Court of Arkansas · 1918
  3. Hayden v. HillSupreme Court of Arkansas · 1917
  4. Woodall v. EdwardsSupreme Court of Arkansas · 1907
  5. Hershey v. ThompsonSupreme Court of Arkansas · 1888

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Champion v. WilliamsSupreme Court of Arkansas · 1924
  2. Broadhead v. McEntireCourt of Appeals of Arkansas · 1986
  3. Liggett v. Church of NazareneSupreme Court of Arkansas · 1987
  4. Kimble v. WilleyDistrict Court, E.D. Arkansas · 1951
  5. Darr v. LambertSupreme Court of Arkansas · 1957

4 more not listed; retrieve them via the Exa API.

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