Nicklase v. Morrison
Supreme Court of Arkansas
Appeal from Randolph Circuit Court in Chancery. On the 27th day of April, 1886, Mrs. Regina Nick-lase brought replevin against B. C. Morrison to recover certain logs of timber purchased by her from Mrs. Olive G. Lewis. Defendant set up title to the logs in himself. On the 30th day of April, 1886, Mrs. Lewis brought suit against Morrison to quiet her title to the land from which the logs were cut.
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Appeal from Randolph Circuit Court in Chancery. On the 27th day of April, 1886, Mrs. Regina Nick-lase brought replevin against B. C. Morrison to recover certain logs of timber purchased by her from Mrs. Olive G. Lewis. Defendant set up title to the logs in himself. On the 30th day of April, 1886, Mrs. Lewis brought suit against Morrison to quiet her title to the land from which the logs were cut. She alleged that defendant claimed to own the land under an over-due tax deed; that, on the 27th day of April, 1886, she had tendered to him the amount necessary to redeem the land, which he had…
1Opinion of the CourtHemingway, J.
The appellant contends that the person who owned the land up to the time of the overdue tax sale offered, in apt time, to redeem it from the purchaser at the sale; that the failure to perfect the redemption was due alone to the unlawful refusal of the appellee to accept the offer; and that as the offer had been preserved by a tender with the bill of complaint, it operated to protect the owner’s right to the land and, through it, appellant’s title to the trees. Whether the conclusion is legally deducible from the premises stated, we need not determine; for the facts in proof do not warrant the…
2Cases cited3 opinions
- Whitney v. HuntingtonSupreme Court of Minnesota · 1886
- Stotts v. BrookfieldSupreme Court of Arkansas · 1892
- Ward v. Carp River Iron Co.Michigan Supreme Court · 1881
3Cited by2 opinions
- Jefferson Land Co. v. GraceSupreme Court of Arkansas · 1893
- McNeill v. CarterSupreme Court of Arkansas · 1893