Caruthers v. Greer
Supreme Court of Arkansas
Appeal from White Chancery Court; John B. Martinem, Chancellor; 1. In the absence of an express statute affording a remedy, a mere volunteer who pays the taxes on the lands of another can not recover the amount so paid. 17 Wall.
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Appeal from White Chancery Court; John B. Martinem, Chancellor; 1. In the absence of an express statute affording a remedy, a mere volunteer who pays the taxes on the lands of another can not recover the amount so paid. 17 Wall. (U. S.) 153, 167; 49 Ark. 192; 76 Fed. 673; 99 Fed. 825; 30 Ark. 600; 43 Ark. 521. Appellee does not come within the provisions of § § 2754, 2759, Kirby’s Dig., nor even within the -provisions of § 7112, Id. 2. Appellee cannot recover because there is neither allegation nor proof that the tax sale was invalid. 49 Ark. 192; 37 Ark. 100; 43 Ark. 397; 51 Ark. 397; 30…
1Opinion of the CourtMcCulloch, C. J.
Appellee instituted this action in the chancery court of White County against appellants to. enforce a lien claimed on a certain tract of land for the amount of taxes paid thereon. He alleges in his complaint that the land in question was sold for taxes of the year 1868 duly assessed against it; that one John A. Cole purchased at the sale, and received a deed therefor; that appellee holds under mesne conveyance from Cole, and that he and those under whom he claims have paid the taxes on the land regularly for each year, with the exception of a few years when he failed to pay by inadvertence,…
2Cases cited2 opinions
- St. L., I. M. & S. Ry. v. AlexanderSupreme Court of Arkansas · 1887
- Hunt v. CurrySupreme Court of Arkansas · 1881
3Cited by4 opinions
- Meriwether v. Board of Com'rsSupreme Court of Oklahoma · 1931
- United States v. Southern Surety Co.District Court, E.D. Oklahoma · 1925
- Hight v. GreerSupreme Court of Arkansas · 1920
- Baker v. Halpern, New York County Courts1946