Banks v. Directors of St. Francis Levee District
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court, in Chancery. Felix G. Taylor, Judge. There was no right of redemption by the statute. Acts 1895, p. 91. When a statute gives no right of redemption, there is none. 2 Desty, Tax. § 140; 51 Ark. 453. The law in force at the rendition of the judgment must control. 43 Ark. 420; 69 N. W. 826, 828. The appellant’s title was not such as could be tried on a summary motion. 3 How. 62; 8 Sm. & Marsh. 456; 14 Enc.
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Appeal from Crittenden Circuit Court, in Chancery. Felix G. Taylor, Judge. There was no right of redemption by the statute. Acts 1895, p. 91. When a statute gives no right of redemption, there is none. 2 Desty, Tax. § 140; 51 Ark. 453. The law in force at the rendition of the judgment must control. 43 Ark. 420; 69 N. W. 826, 828. The appellant’s title was not such as could be tried on a summary motion. 3 How. 62; 8 Sm. & Marsh. 456; 14 Enc. PL & Pr. 81, 84. The sale by the commissioner was not a judicial sale. Freeman, Void Jud. Sales, § 1; 5 Mason, 420; 52 Ark. 290. The mere omission from…
1Opinion of the CourtBunn, C. J.
This is a motion in the chancery court of Crittenden county to compel the commissioner of said court to make deeds, in pursuance of sale made by him under the decretal order of said court, to the petitioners as purchasers at said sale. The motion was overruled, and the movers appealed to this court.
On November 28, 1895, said court decreed the sale of the lands in controversy for the non-payment of the levee district taxes assessed against them, under the provisions of the act entitled “An act creating the St. Francis Levee District,” approved February 15, 1893, and the amendatory act,…
2Cited by9 opinions
- Ballard v. HunterSupreme Court of the United States · 1907
- Miller v. HenrySupreme Court of Arkansas · 1912
- Brasch v. MumeySupreme Court of Arkansas · 1911
- Van Etten v. DaughertySupreme Court of Arkansas · 1907
- Smith v. SpillmanSupreme Court of Arkansas · 1918
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