Fletcher v. Malone
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martinecm, Chancellor; 1. Appellee, by the payment of taxes for a number of years, without other supervening equities, is not entitled to have his plea of laches sustained. 99 Ark. 500-507. One is not barred by laches until at least seven years’ payment of taxes has been made under color of title.
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Appeal from Lonoke Chancery Court; John E. Martinecm, Chancellor; 1. Appellee, by the payment of taxes for a number of years, without other supervening equities, is not entitled to have his plea of laches sustained. 99 Ark. 500-507. One is not barred by laches until at least seven years’ payment of taxes has been made under color of title. Id. 507. The land was wild and unimproved, and there was no color of title prior to the Garlington deed, and it was unnecessary for appellant to act. Chancery will not interfere to cancel a conveyance or set it aside as a cloud on title when it is void on…
1Opinion of the CourtMcCulloch, C. J.
Appellant Fletcher holds the original title, under mesne conveyances, to the two tracts of land in controversy which are situated in Lonoke County and are wild and unoccupied. He instituted this action in chancery on August 27, 1918, against appellee Malone to confirm his title. The case was tried on an agreed statement of facts, and the decree was in appellee’s favor dismissing the complaint on the ground of laches.
The lands were sold for taxes in the year 1883 to one Ross, who received a deed under his purchase. The deed is not in the record, but it is conceded in the agreement of facts…
2Cases cited6 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Penrose v. DohertySupreme Court of Arkansas · 1902
- Chatfield v. Iowa & Arkansas Land Co.Supreme Court of Arkansas · 1908
- Fordyce v. VickersSupreme Court of Arkansas · 1911
- Jackson v. BoydSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
- Knight v. RogersSupreme Court of Arkansas · 1941