Herget v. McLeod
Supreme Court of Arkansas
Appeal from Calhoun Chancery Court; J. M. Barker, Chancellor; 1. The plaintiff is barred by laches. 138 S. W. 880; 95 Ark. 6; 90 Id. 430; 81 Id. 352, 432; 93 Ark. 298; 72 Id. 101; 94 Id. 497; 92 Id. 497; 83 Id. 154; 81 Id. 296; 70 Id. 257. 2. It was error to hold that defendant was entitled only to a refund of the taxes paid. 62 Ark. 188; Kirby’s Digest, § § 4879-80, 4807. 3. This appellant is, at least, entitled to recover the taxes paid. 94 Ark. 221; 81 Id. 258, 84 Id.…
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Appeal from Calhoun Chancery Court; J. M. Barker, Chancellor; 1. The plaintiff is barred by laches. 138 S. W. 880; 95 Ark. 6; 90 Id. 430; 81 Id. 352, 432; 93 Ark. 298; 72 Id. 101; 94 Id. 497; 92 Id. 497; 83 Id. 154; 81 Id. 296; 70 Id. 257. 2. It was error to hold that defendant was entitled only to a refund of the taxes paid. 62 Ark. 188; Kirby’s Digest, § § 4879-80, 4807. 3. This appellant is, at least, entitled to recover the taxes paid. 94 Ark. 221; 81 Id. 258, 84 Id. 587; 89 Id. 234. 1. Plaintiff is not barred; nor estopped. 24 L. R. A. (N. S.) 1161; 75 Ark. 382; 152 U. S. 416; 45 Ark.…
1Opinion of the CourtFrauenthal, J.
This is an action instituted by W. H. McLeod, the plaintiff below, to cancel a tax deed and the title of defendant derived thereunder, and to quiet plaintiff’s title to certain lands in Calhoun County. The plaintiff deraigned title to the lands back to an original grantor who in 1857 and 1858 had obtained them from the State, to whom they had been confirmed by the United States Government as swamp and overflowed lands. The lands were forfeited to the State in 1869 for the nonpayment of the taxes of 1868. On August 12, 1904, these lands were sold by the State to T. J. Hays, Henry Ezell and J.…
2Cases cited7 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- Chancellor v. BanksSupreme Court of Arkansas · 1909
- Fordyce v. VickersSupreme Court of Arkansas · 1911
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Charles v. PierceSupreme Court of Arkansas · 1964
- Wimberly v. NormanSupreme Court of Arkansas · 1952
- Buschow Lumber Company v. WittSupreme Court of Arkansas · 1948
- Grayling Lumber Co. v. TillarSupreme Court of Arkansas · 1924
- McGill v. AdamsSupreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.