Legal Opinion

Townsend v. Martin

Supreme Court of Arkansas

Decided December 5, 1891PublishedCited by 20 opinions

APPEAL from Faulkner Circuit Court. Joseph W. Martin, Judge. In January, 1889, Martin brought ejectment against Townsend and others for the possession of various tracts of land, including the land involved in this appeal, which he claimed under a deed of the commissioner of state lands, based upon a forfeiture to the State for the non-payment of the taxes of 1884. It was proved that, in advertising the lands delinquent for that year, two insertions of the notice of sale were…

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APPEAL from Faulkner Circuit Court. Joseph W. Martin, Judge. In January, 1889, Martin brought ejectment against Townsend and others for the possession of various tracts of land, including the land involved in this appeal, which he claimed under a deed of the commissioner of state lands, based upon a forfeiture to the State for the non-payment of the taxes of 1884. It was proved that, in advertising the lands delinquent for that year, two insertions of the notice of sale were made in the newspaper, on the 14th and 21st of May, 1885, respectively; and that the sale was on the 25th day of May,…

1Opinion of the CourtCockrill, C. J.

Martin brought this action of ejectment against Townsend for the possession of a tract of land in Faulkner county, basing his claim of title upon a land commissioner’s deed to lands forfeited to the State for the nonpayment of taxes. The trial resulted in a judgment for Martin.

1. Notice tax-sale. f The notice for the sale upon which the forfeiture to the State is based was not published for the full time prescribed by the statute by three days. It is conceded that that fact is established by the record. The previous decisions of this court upon the subject of tax titles are uniform to the…

2Cases cited3 opinions

  1. Lamden v. SharpTennessee Supreme Court · 1847
  2. Martin v. BarbourSupreme Court of the United States · 1891
  3. De Treville v. SmallsSupreme Court of the United States · 1879

3Cited by20 opinions

  1. Cadman v. SmithSupreme Court of Oklahoma · 1905
  2. Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
  3. Ross v. RoyalSupreme Court of Arkansas · 1905
  4. St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
  5. Cecil v. Tisher and FriendSupreme Court of Arkansas · 1944

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