Schuman v. Sanders

(dissenting-) If it were conceded that the redemption of the land had been properly effected, this was, at last, nothing more than the payment of the taxes. The confirmation decree imports the finding that the taxes had not been paid. It could have been rendered upon no other assumption; and if they were paid, that defense should have been interposed in the suit to confirm the tax forfeitures.

In the early case of Wallace v. Brown, 22 Ark. 118, 76 Am. Dec. 421, a tax sale had been confirmed where the owner had paid the taxes for- which the land forfeited to the State. But it was held that this…