Legal Opinion

Du Hadaway v. Driver

Supreme Court of Arkansas

Decided April 1, 1905PublishedCited by 3 opinions

Appeal from Mississippi Chancery Court. Edward D. Robertson, Judge. STATEMENT BY THE COURT. The tract of land in controversy owned by appellants, who were nonresidents of the State, was embraced in a suit brought by the Board of Directors of St. Francis Levee District, in the Chancery Court of Mississippi County, to condemn lands for sale for payment of unpaid levee taxes, and a decree was duly entered in accordance with the prayer of the complaint condemning this and…

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Appeal from Mississippi Chancery Court. Edward D. Robertson, Judge. STATEMENT BY THE COURT. The tract of land in controversy owned by appellants, who were nonresidents of the State, was embraced in a suit brought by the Board of Directors of St. Francis Levee District, in the Chancery Court of Mississippi County, to condemn lands for sale for payment of unpaid levee taxes, and a decree was duly entered in accordance with the prayer of the complaint condemning this and numerous other tracts of land to be sold by the commissioner of the court. Appellee was clerk of the court and commissioner,…

1Opinion of the Court

McCulloch, J.,

(after stating the facts.) The question presented here is one purely of fact; and the testimony is practically narrowed down to four witnesses, — two on each side. Two witnesses, R. E. Dee Wilson and Reg. Archillion, introduced by plaintiff, testify that they attended the sale by the commissioner, and had marked this tract of land, which was commonly known as the Price land, with the intention of buying it, but that it was not offered by the commissioner. They stated that they remained at the sale until the bottom of the advertised list of lands had been reached, except some…

2Cited by3 opinions

  1. Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
  2. Letchworth v. VaughanSupreme Court of Arkansas · 1905
  3. Arnold v. McBrideSupreme Court of Arkansas · 1906

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