Osceola Land Co. v. Henderson
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edward D. Rob-, ertson, Chancellor; 1. The tax sale of 1893 was invalid. 2. Compare Arkansas and Illinois statutes on seven-year payment of taxes. Kirby’s Digest, § 5057. x Wall. 638. The Illinois statute being the earliest enactment, the courts of that State have established the precedents for the construction of such legislation.
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Appeal from Mississippi Chancery Court; Edward D. Rob-, ertson, Chancellor; 1. The tax sale of 1893 was invalid. 2. Compare Arkansas and Illinois statutes on seven-year payment of taxes. Kirby’s Digest, § 5057. x Wall. 638. The Illinois statute being the earliest enactment, the courts of that State have established the precedents for the construction of such legislation. Without exception such statutes are strictly construed, and it is held, (1) that a purchase at a tax sale, or a redemption, will not be treated as a payment, and (2) that the payment must be made by, and in the name of, the…
1Opinion of the CourtRiddick, J.
This action was brought against the defendants by the Osceola Band Company to quiet its title to 1,280 acres of wild and unimproved land in Mississippi County in this State.
In this complaint plaintiff alleges that in February, 1879, the State of Arkansas by its patent conveyed the land in controversy to W. A. Jones. The chain of title under whioh plaintiff claims the land commences with this conveyance' from the State to Jones in 1879. This patent from the State to Jones is not set out in the record, but there is an agreement of counsel in the following words: “That the abstract of title to…
2Cases cited4 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Felix v. PatrickSupreme Court of the United States · 1892
- Moran v. HorskySupreme Court of the United States · 1900
- Meyer v. JohnsonSupreme Court of Arkansas · 1894
3Cited by17 opinions
- Updegraff v. Marked Tree Lumber Co.Supreme Court of Arkansas · 1907
- Carmical v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Chancellor v. BanksSupreme Court of Arkansas · 1909
- Fordyce v. VickersSupreme Court of Arkansas · 1911
- Zackery v. WarmackSupreme Court of Arkansas · 1948
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