Legal Opinion

Fleming v. Weaver

Supreme Court of Arkansas

Decided March 27, 1911PublishedCited by 2 opinions

Appeal from Crittenden Chancery Court; EdzvcM'd D. Robertson, Chancellor; 1. The chancery court had jurisdiction. The redemption from the sales to’ Fleming could have -been made at any time before June 9, 1904. Kirby’s Dig. § 7095. The act of 1893, § § 7-10, was followed.

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Appeal from Crittenden Chancery Court; EdzvcM'd D. Robertson, Chancellor; 1. The chancery court had jurisdiction. The redemption from the sales to’ Fleming could have -been made at any time before June 9, 1904. Kirby’s Dig. § 7095. The act of 1893, § § 7-10, was followed. Acts 1895, pp. 88-90. The decree is conclusive. 74 Ark. 174; 204 U. S. 241. It is immaterial that the ownership of land is incorrectly alleged, or that the owner not named as a party. 74 Ark. 104. The suit is in rem. Acts 1895, p. 89; 74 Ark. 180. Failure to get notice is the owner’s misfortune, and he must abide the…

1Opinion of the CourtMcCulloch, C. J.

This case involves the title to two tracts of land in Crittenden County, and turns on the question of validity of a sale of the land under decree of the chancery court of that county to enforce payment of the levee assessment of the Board of Directors of St. Francis Levee District.

At the time the suit to collect the levee assessment was commenced the lands in controversy were wild and unoccupied, and were owned, by O. C. Friedlander, one of appellee’s grantors, who was a nonresident of the State. The lands had been sold to one Henry Fleming by the collector for State and county taxes. The…

2Cases cited2 opinions

  1. Van Etten v. DaughertySupreme Court of Arkansas · 1907
  2. Hall v. MorrisSupreme Court of Arkansas · 1910

3Cited by2 opinions

  1. Collier v. SmithSupreme Court of Arkansas · 1918
  2. Collar v. CrowleySupreme Court of Arkansas · 1941

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