St. L., I. M. & S. Ry. v. Alexander
Supreme Court of Arkansas
APPEAL from Garland Circuit Court. J. B. Wood, Judge. 1. Plaintiff’s right of action accrued on June u, 1879, two years from date of sale, and unless his action was commenced within three years from that time he is barred. Section 4478, Mansf. Dig.; ib., sec. 4488. 2. No personal judgment should have been rendered against the railway company.
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APPEAL from Garland Circuit Court. J. B. Wood, Judge. 1. Plaintiff’s right of action accrued on June u, 1879, two years from date of sale, and unless his action was commenced within three years from that time he is barred. Section 4478, Mansf. Dig.; ib., sec. 4488. 2. No personal judgment should have been rendered against the railway company. It denied the ownership of the entire section, and there was no proof to sustain the allegation. 3. It was error to render judgment against the company for the penalty and costs. Mansf. Dig., sec. 3789; 33 Ark., 310; 42 id., 104. 1. The right of action…
1Opinion of the CourtCockrill, C. J.
At the Collector’s sale for the non-payment of taxes in 1877, Alexander, the appellee, purchased and received his certificate of purchase for a section of land in Garland county. When the owner’s time for redemption had expired, the clerk executed and delivered to him a deed to the land. In 1884, he brought an action of. ejectment for the possession of the premises. Exceptions were filed to his deed, which were sustained by the court and his action was dismissed. He then filed his complaint to foreclose the lien for the taxes, penalty and costs, and for the taxes of 1878-9, which he had…
2Cases cited2 opinions
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- United States v. Southern Surety Co.District Court, E.D. Oklahoma · 1925
- Collier v. SmithSupreme Court of Arkansas · 1918
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