Jefferson Land Co. v. Grace
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. John M. Lrriott, Judge. W. P. Grace and two others brought suit in equity against the Jefferson Land Company, to cancel a decree and sale of land in an overdue tax proceeding. The complaint alleged that on August 22, 1881, the county court of Jefferson county ordered suit to be brought against the forfeited lands of the county, under the overdue tax act, and appointed Jones & Prigmore attorneys to bring such suit.
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Appeal from Jefferson Circuit Court in Chancery. John M. Lrriott, Judge. W. P. Grace and two others brought suit in equity against the Jefferson Land Company, to cancel a decree and sale of land in an overdue tax proceeding. The complaint alleged that on August 22, 1881, the county court of Jefferson county ordered suit to be brought against the forfeited lands of the county, under the overdue tax act, and appointed Jones & Prigmore attorneys to bring such suit. That a complaint was filed alleging that the land in controversy in this suit was forfeited to the State for taxes of 1870; that the…
1Opinion of the CourtMansfield, J.
The object of this suit, as stated in the brief of counsel for the appellees, was to avoid tax decree under which the lands were sold, on the ground that it was obtained by fraud. But we need not consider whether the admitted facts sustain the charge of fraud, unless they also entitle the appellees to relief against the defendant land company ; and it is well settled that the latter is entitled to be protected in its purchase of the lands, if they were sold to its vendor, John B. Jones, under such circumstances as to make him an innocent purchaser. Fargason v. Edrington, 49 Ark. 217. It is…
2Cases cited3 opinions
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Doyle v. MartinSupreme Court of Arkansas · 1891
- Nicklase v. MorrisonSupreme Court of Arkansas · 1892
3Cited by5 opinions
- Berger v. McBride & Son Builders, Inc.Missouri Court of Appeals · 1969
- Pattison v. SmithSupreme Court of Arkansas · 1910
- Schuman v. WestbrookSupreme Court of Arkansas · 1944
- Streett v. ReynoldsSupreme Court of Arkansas · 1896
- Schuman v. SandersSupreme Court of Arkansas · 1940