Burcham v. Terry
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court, Ozark District. Hugh F. Thomason, Judge. • The lands belonged to Tolbert from the date of his final receipt. 54 Ark., 148. The tax proceedings were begun after Tolbert has received his final certificate, and if the lands were not subject to taxation, this was matter of defense, which he could have successfully set up, but is not now avail.able.
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APPEAL from Franklin Circuit Court, Ozark District. Hugh F. Thomason, Judge. • The lands belonged to Tolbert from the date of his final receipt. 54 Ark., 148. The tax proceedings were begun after Tolbert has received his final certificate, and if the lands were not subject to taxation, this was matter of defense, which he could have successfully set up, but is not now avail.able. Acts 1881, p. 64, secs. 3, 4, 5, 18, 20; 50 Ark., 188. The land being exempt from taxation, the court acquired no j urisdiction, and the decree was void. The land belonged -to the United States, and the court…
1Opinion of the CourtHughes, J.
This is a suit by appellant to recover the -possession of land described in the complaint, for title to which the appellant relies upon a deed from Paul M. Cobbs, commissioner of state lands, executed to him„which deed -recites and is based upon a sale of the land to the State, under the overdue tax act of 1881.
The appellee claims ownership to the land through Edward Tolbert, who “homesteaded” the land in 1875 under the United States homestead laws, and obtained his “ final ■certificate” from the United States on the 20th of January, 1882, and received a patent from the United States therefor…
2Cases cited1 opinion
- Mayo v. Ah LoyCalifornia Supreme Court · 1867
3Cited by11 opinions
- Fuller v. WilkinsonSupreme Court of Arkansas · 1939
- Wallace v. HillSupreme Court of Arkansas · 1918
- Pattison v. SmithSupreme Court of Arkansas · 1910
- Belcher v. HarrSupreme Court of Arkansas · 1910
- Collier v. SmithSupreme Court of Arkansas · 1918
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