Lonergan v. Baber
Supreme Court of Arkansas
Appeal from White Circuit Court. Green .Grant, Jr., Judge. 1. The deed to Martin is absolutely void. It vested no title, and was not an incumbrance or lien on the property. The taxes had been paid, and the forfeiture was illegal and void. When taxes are paid under one assessment, but returned delinquent and sold under another assessment, the sale is void, and the purchaser acquires no title. Mansf.
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Appeal from White Circuit Court. Green .Grant, Jr., Judge. 1. The deed to Martin is absolutely void. It vested no title, and was not an incumbrance or lien on the property. The taxes had been paid, and the forfeiture was illegal and void. When taxes are paid under one assessment, but returned delinquent and sold under another assessment, the sale is void, and the purchaser acquires no title. Mansf. Digest, sec. 5872; 32 Ark. 391; 53 id. 116 ; 56 Vt. 384. Avoid tax deed is not an incumbrance. Ib. If the taxes for which the land was sold was not a lien on the land at the date of the conveyance…
1Opinion of the CourtHughes, J.
On June 11, 1891, the appellee filed her complaint, and on July 25 she filed an amended complaint in which she alleged that, on the 9th day of April, 1888, the defendant Lonergan sold the following described real estate to Edwin Lorentz, to-wit: Lot 6, less 100 feet front on Cumberland street on north side of said lot 6, and running east to lot 4, said 100 feet having been sold to Thomas McIntosh, also W | of lot 5, all in F. P. Law’s addition to the town of Beebe, and situated on Main street, and in the SE £ NE * SW |, Sec. 8, T. 5 N., R. 8 W. in White county, for the consideration of $2000;…
2Cases cited3 opinions
- Durant v. . AbendrothNew York Court of Appeals · 1884
- Tallman v. . WhiteNew York Court of Appeals · 1848
- Yenda v. WheelerTexas Supreme Court · 1853
3Cited by11 opinions
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Buckner v. SuggSupreme Court of Arkansas · 1906
- Halliburton v. BrinkleySupreme Court of Arkansas · 1918
- Moseley v. MoonSupreme Court of Arkansas · 1940
- American Portland Cement Co. v. Certain LandsSupreme Court of Arkansas · 1929
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