Legal Opinion

Logan v. Eastern Arkansas Land Co.

Supreme Court of Arkansas

Decided June 9, 1900PublishedCited by 21 opinions

Appeal from Independence Circuit Court in Chancery. Bichard H. Powell, Judge. The manifest intention of the legislature in enacting the law governing tax sales (Sand. & H. Dig., § 6623 et seq.) is clearly to uphold tax sales by every reasonable intendment; and the courts should endeavor to effectuate this intent. Appellee failed to support, by any evidence, his allegation that the lands were nod legally advertised.

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Appeal from Independence Circuit Court in Chancery. Bichard H. Powell, Judge. The manifest intention of the legislature in enacting the law governing tax sales (Sand. & H. Dig., § 6623 et seq.) is clearly to uphold tax sales by every reasonable intendment; and the courts should endeavor to effectuate this intent. Appellee failed to support, by any evidence, his allegation that the lands were nod legally advertised. The sale was not invalidated by the failure of the clerk to make the certificate required in Sand. & H. Dig., § 6606, before the day of sale. Gf. 34 Fed. 701; 140 U. S. 634; 55…

1Opinion of the CourtBattle, J.

This action was brought by the Eastern Arkansas Land Company against H. Gr. Logan to quiet title to certain lands described in its complaint. The claim to the lands against which it seeks to quiet its title is based upon a sale of the lands to the defendant in 1895 for the taxes of 1894. It claims that the sale was void, because the clerk of ■the county court failed to record the list of lands returned delinquent on account of the non-payment of the taxes of 1894, ■of which the lands in question were a part, and a notice that the same would be sold by the county collector, in a book kept for…

2Cases cited4 opinions

  1. Martin v. BarbourSupreme Court of the United States · 1891
  2. Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
  3. Martin v. AllardSupreme Court of Arkansas · 1891
  4. Taylor v. StateSupreme Court of Arkansas · 1898

3Cited by21 opinions

  1. Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
  2. Hunt v. GardnerSupreme Court of Arkansas · 1905
  3. Magness v. HarrisSupreme Court of Arkansas · 1906
  4. Cecil v. Tisher and FriendSupreme Court of Arkansas · 1944
  5. Cook v. Ziff Colored Masonic Lodge No. 119Supreme Court of Arkansas · 1906

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