Towson v. Denson
Supreme Court of Arkansas
Appeal from Sevier Chancer}'- Court. Section 6643 of Sandels & Hill’s Digest is inoperative. 46 Ark. 100; 53 Ark. 204; 55 Ark. 192. The act of 1899 must be strictly construed. 70 Ark. 481; 59 Ark. 356; Sedg. Stat. Const. 188; Cooley, Const. Lim. 69; 56 Ark. 495; 7 Johns, 502. The act is retrospective. 5 Ark. 510; 6 Ark. 492. The act takes away private property without due process of law. 129 Mass. 561; 14 How. 501; 129 Mass. 562; Cooley, Const.
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Appeal from Sevier Chancer}'- Court. Section 6643 of Sandels & Hill’s Digest is inoperative. 46 Ark. 100; 53 Ark. 204; 55 Ark. 192. The act of 1899 must be strictly construed. 70 Ark. 481; 59 Ark. 356; Sedg. Stat. Const. 188; Cooley, Const. Lim. 69; 56 Ark. 495; 7 Johns, 502. The act is retrospective. 5 Ark. 510; 6 Ark. 492. The act takes away private property without due process of law. 129 Mass. 561; 14 How. 501; 129 Mass. 562; Cooley, Const. Lim. 443; 20 Mich. 406. The benefit under this act cannot be derived until one has paid taxes under color of title for seven years, three of which…
1Opinion of the Court
Cohn, Special Judge.
The principal question presented to the court in this case by the appellant relates to the construction to be given to an act of the General Assembly of the State, entitled “An act for the protection of those who pay taxes on land,” approved March 18, 1899, which is in the following words:
“That unimproved and uninclosed land shall be deemed and held to be in possession of the person who pays taxes thereon if he' have color of title thereto; but no person shall be entitled to invoke the benefit of this act unless he and those under whom he claims shall have paid such taxes…
2Cases cited19 opinions
- Campbell v. HaverhillSupreme Court of the United States · 1895
- Minis v. United StatesSupreme Court of the United States · 1841
- League v. TexasSupreme Court of the United States · 1902
- Wheeler v. JacksonSupreme Court of the United States · 1890
- Leggett v. . FirthNew York Court of Appeals · 1892
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3Cited by43 opinions
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Bayha v. Public Utility District No. 1Washington Supreme Court · 1939
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
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