Wolf & Bailey v. Phillips
Supreme Court of Arkansas
Appeal from Lawrence Circuit Court, Western District; B. E. Jeffery, Judge; STATEMENT BY THE COURT. This is an action of ejectment instituted in the circuit court by Wolf & Bailey against Carrie D. Phillips to recover the following lands situated in the Western District of Lawrence County, Arkansas, towit: The west half of the southeast quarter and the southeast quarter of the southwest quarter of section 2, township 17 north, range 3 west.
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Appeal from Lawrence Circuit Court, Western District; B. E. Jeffery, Judge; STATEMENT BY THE COURT. This is an action of ejectment instituted in the circuit court by Wolf & Bailey against Carrie D. Phillips to recover the following lands situated in the Western District of Lawrence County, Arkansas, towit: The west half of the southeast quarter and the southeast quarter of the southwest quarter of section 2, township 17 north, range 3 west. The lands in controversy in this case were patented by the United States Government to John Gibbons in 1859. In 1887 these lands were sold to Jesse…
1Opinion of the Court
Hart, J.,
(after stating the facts). Among other prerequisites to a valid sale of land for taxes is the giving of notice thereof, and when it is shown that such notice has not been given in substantial conformity with the statute the sale will be adjudged invalid, notwithstanding a tax deed in proper form may have been duly executed. Cooley on Taxation, 3 ed., Yol. 2, par. 928; Black on Tax Titles, 2 ed., § 205; Blackwell on Tax Titles, 5 ed., Yol. 1, § 400.
The principal question for our determination is, was the notice of the sale of the land for the non-payment of taxes for 1905 given in the…
2Cases cited3 opinions
- Haggart v. RanneySupreme Court of Arkansas · 1904
- Harvey v. DouglassSupreme Court of Arkansas · 1904
- Lee Wilson & Co. v. DriverSupreme Court of Arkansas · 1911
3Cited by11 opinions
- Knight v. RogersSupreme Court of Arkansas · 1941
- Drainage District No. 9 v. Merchants' & Planters' BankSupreme Court of Arkansas · 1928
- Bunch v. JohnsonSupreme Court of Arkansas · 1919
- Jackson v. GregorySupreme Court of Arkansas · 1945
- Purdy v. ChambersSupreme Court of Oklahoma · 1927
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