Price v. Gunn
Supreme Court of Arkansas
Appeal from Clay Cliaiioery Court, Eastern District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. O. G. Price brought this suit to recover possession of two lots in the town of Rector, claimed by virtue of a commissioner’s sale under a judgment for the collection of delinquent taxes in Drainage District No. 1 in Clay County.
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Appeal from Clay Cliaiioery Court, Eastern District; Charles D. Frierson, Chancellor; STATEMENT BY THE COURT. O. G. Price brought this suit to recover possession of two lots in the town of Rector, claimed by virtue of a commissioner’s sale under a judgment for the collection of delinquent taxes in Drainage District No. 1 in Clay County. The defendant filed .an answer and cross-complaint admitting the sale by the commissioner and that the land had thereafter been conveyed to appellant as alleged, but denied his ownership and title. He alleged that he was the owner of the lands and deraigned…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is contended that the decree of foreclosure of the lien, and, the sale thereunder, of the land for delinquent taxes, are void because an affidavit in proof of the publication of the notice of the pendency of the suit shows it was published twice only instead of four times, as the law requires, and ■because of appellant ’a attempt to pay the taxes in proper time and failure to do so by reason of the collector’s mistake. The decree in the foreclosure proceeding recites: “Upon call of this cause it appearing that all persons and corporations having or…
2Cases cited6 opinions
- Porter v. DooleySupreme Court of Arkansas · 1898
- McConnell v. DaySupreme Court of Arkansas · 1896
- Pattison v. SmithSupreme Court of Arkansas · 1910
- McLain v. DuncanSupreme Court of Arkansas · 1892
- Porter v. TallmanSupreme Court of Arkansas · 1900
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Union Investment Co. v. HuntSupreme Court of Arkansas · 1933
- Giese v. JonesSupreme Court of Arkansas · 1932
- Wood v. GordonSupreme Court of Arkansas · 1944
- Case v. TaylorSupreme Court of Arkansas · 1933
6 more not listed; retrieve them via the Exa API.