Legal Opinion

Book v. Polk

Supreme Court of Arkansas

Decided December 17, 1906PublishedCited by 10 opinions

Cross appeals from Lee Chancery Court; Bdward D. Robert-son, Chancellor; 1. The president'of the levee district is restricted in' his disposition of the land to the terms and conditions of the grant. He was therefore unauthorized to sell the land on credit. Acts 1893, p. 172; 67 Ark. 413. 2. Receipt of taxes by the officers of the district does not amount to a ratification of the act of the president.

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Cross appeals from Lee Chancery Court; Bdward D. Robert-son, Chancellor; 1. The president'of the levee district is restricted in' his disposition of the land to the terms and conditions of the grant. He was therefore unauthorized to sell the land on credit. Acts 1893, p. 172; 67 Ark. 413. 2. Receipt of taxes by the officers of the district does not amount to a ratification of the act of the president. Where an act is void, there can be no ratification. 58 Ark. 270; 40 L. R. Á. 621; 37 L. R. A. 711; 10 Wall. 683. The public is presumed to deal with the officers of the levee board with a full…

1Opinion of the Court

Hii.u, C. J.-

McVeigh and Bodkin purchased of the Board of Directors of the St. Francis Levee District a tract of land at its graded price, and paid one-fourth of the purchase price thereof in cash, and executed promissory notes for the balance payable in one and two years, respectively, bearing interest from date until paid.

The president of the board executed a deed to said purchasers, reciting such purchase, payment and notes for balance, and in consideration of such payment and notes conveyed said land to them. Subsequently the board sold the same land at the same price to others, and this…

2Cases cited4 opinions

  1. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  2. Town of Searcy v. YarnellSupreme Court of Arkansas · 1886
  3. Newport v. Railway Co.Supreme Court of Arkansas · 1893
  4. Myers v. HawkinsSupreme Court of Arkansas · 1900

3Cited by10 opinions

  1. Hart v. SternbergSupreme Court of Arkansas · 1943
  2. Texarkana v. FriedellSupreme Court of Arkansas · 1907
  3. Forrest City v. OrgillSupreme Court of Arkansas · 1908
  4. Board of Directors of St. Francis Levee District v. FlemingSupreme Court of Arkansas · 1910
  5. Luxora v. Jonesboro, Lake City & Eastern RailroadSupreme Court of Arkansas · 1907

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