Walter v. Swaim
Supreme Court of Arkansas
Appeal from Poinsett Chancery court; L. C. Going, Special Chancellor; The clerk’s certificate on its face shows a full compliance with the requirements of the statute. This record is conclusive and evidence aliunde would not be rer ceived to contradict it.
Read the full summary
Appeal from Poinsett Chancery court; L. C. Going, Special Chancellor; The clerk’s certificate on its face shows a full compliance with the requirements of the statute. This record is conclusive and evidence aliunde would not be rer ceived to contradict it. Kirby’s Dig. § 7086; 65 Ark. 599; 55 Ark. 218; 80 Ark. 31. The clerk’s certificate showing the publication of the notice on May 22 and June 5, and not showing a publication between those dates is evidence that the publication was not in compliance with .the statute, and avoids the sale. 55 Ark. 192; 92 Ark. 211, 212; 84 Ark. 1. The clerk’s…
1Opinion of the CourtSmith, J.
Appellee brought this suit in the Poinsett Chancery Court to cancel a deed to appellant for the fractional north half, northwest quarter, section 18, township 10 north, range 2 east, situated in that county, from the State Land Commissioner.
The appellee deraigns his own title, and it is unnecessary here to set it out, as the only cloud on it, which appears from the record, is the deed which it seeks to cancel. The land was sold on the 8th day of June, 1896, for the State and county taxes for the year 1895, and at said sale the State of Arkansas was the purchaser, and the land not having been…
2Cases cited1 opinion
- Byrne v. LessSupreme Court of Arkansas · 1909
3Cited by2 opinions
- Earl v. HarrisSupreme Court of Arkansas · 1916
- Bennett v. YounesSupreme Court of Arkansas · 1934