McDaniel v. Berger
Supreme Court of Arkansas
Appeal from Craighead Chancery Court; /. D. Block, Special Chancellor; STATEMENT BY THE COURT. This was a proceeding brought by Henrietta Berger to confirm the tax sale of 290.36 acres in a square in the northeast corner of section 9, township 13 north, range 2 east, Craighead County.
Read the full summary
Appeal from Craighead Chancery Court; /. D. Block, Special Chancellor; STATEMENT BY THE COURT. This was a proceeding brought by Henrietta Berger to confirm the tax sale of 290.36 acres in a square in the northeast corner of section 9, township 13 north, range 2 east, Craighead County. The petition alleged that said land was returned delinquent for the non-payment of the taxes for the year 1895, and sold by the collector of revenue at the tax sale held June 8, 1896, and purchased at said sale by Marcus Berger, who afterwards, on June 18, 1898, received a tax deed thereto from the clerk of the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Section 7105 of Kirby’s Digest provides: “No person shall be permitted to question the title acquired by a deed of the clerk of the county court, without first showing that he, or the person under whom he claims title to the property, had title thereto at the time of the sale, or that title was obtained from the United States or this State after the sale.”
This court in the case of Rhea v. McWilliams, 73 Ark. 557, held that the above statute does not apply in case of “conflicting tax titles.” That case rules this. The pleadings, the evidence, and the…
2Cases cited5 opinions
- Osceola Land Co. v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1907
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- Rhea v. McWilliamsSupreme Court of Arkansas · 1905
- Thweatt v. HowardSupreme Court of Arkansas · 1900