Legal Opinion

Smith v. Thornton

Supreme Court of Arkansas

Decided March 25, 1905PublishedCited by 14 opinions

Appeal from Clark Circuit Court. STATEMENT BY THE COURT. In the year 1873 James B. Smith obtained from the State a donation deed conveying to him the southeast quarter of section 3, township 11 south, range 19 west, in Clark County, which had been forfeited and sold £0 the State for nonpayment of taxes for the years 1865, 1866 and 1867. Afterwards Smith became insane, and failed to pay the taxes for 1893, and the land was sold in 1894 for the nonpayment of such taxes, and…

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Appeal from Clark Circuit Court. STATEMENT BY THE COURT. In the year 1873 James B. Smith obtained from the State a donation deed conveying to him the southeast quarter of section 3, township 11 south, range 19 west, in Clark County, which had been forfeited and sold £0 the State for nonpayment of taxes for the years 1865, 1866 and 1867. Afterwards Smith became insane, and failed to pay the taxes for 1893, and the land was sold in 1894 for the nonpayment of such taxes, and purchased by the Gurdon Dumber Company. Smith was insane at the date of tax sale, and had been for some years before that…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is a suit in equity to redeem land forfeited and sold for the nonpayment of takes for the year 1893. The plaintiff inherited the land from h^r son, James B. Smith, who was insane at the time of the tax sale and up to the day of his death. She commenced the action to redeem within two years after his death.

The question raised by the demurrer to the first paragraph of the answer is whether the fact that the tax sale under which the defendants claim had been confirmed by a decree of the court ■cut off the right of the plaintiff to redeem? Now, the…

2Cases cited6 opinions

  1. Woodward v. CampbellSupreme Court of Arkansas · 1882
  2. Burton v. HintragerSupreme Court of Iowa · 1865
  3. Swan v. HarveySupreme Court of Iowa · 1902
  4. Sanders v. EllisSupreme Court of Arkansas · 1883
  5. Buckingham v. HallettSupreme Court of Arkansas · 1867

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

3Cited by14 opinions

  1. Pulaski County v. HillSupreme Court of Arkansas · 1911
  2. Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
  3. Avera v. BanksSupreme Court of Arkansas · 1925
  4. Board of Directors v. DunbarSupreme Court of Arkansas · 1913
  5. Waterman v. IrbySupreme Court of Arkansas · 1905

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

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