Alexander v. Capps
Supreme Court of Arkansas
Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; statement by the court. The appellant seeks to confirm a tax title to a certain tract of land in Boone County, Arkansas.
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Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; statement by the court. The appellant seeks to confirm a tax title to a certain tract of land in Boone County, Arkansas. He alleges that the land was duly sold on the 12th day of June, 1905, for nonpayment of the taxes for 1904, and that he purchased same; that there was no redemption, and the county clerk of Boone County on the 14th day of June, 1907, executed to him a deed for the land; that there was no person in possession of the land claiming adverse title, the same being vacant and unoccupied; that he had paid the taxes…
1Opinion of the Court
Wood, J.,
(after stating the facts). First: The statute provides that: “In case any person or persons claiming title to the land oppose the confirmation of sale, then the court shall try the validity of the sale, and, if valid, confirm it, but, if the sale has been made contrary to law, the court shall annul it.” Sec. 671, Kirby’s Digest.
Under this statute, if any one “allege and prove such a state of facts as will show that he might claim in good faith some interest in or right to the land,” he may resist confirmation, and by so doing make it the duty of the court to “try the validity of the…
2Cases cited11 opinions
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Moser v. WhiteMichigan Supreme Court · 1874
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- Hilliard v. BunkerSupreme Court of Arkansas · 1900
- Taylor v. StateSupreme Court of Arkansas · 1898
6 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Carle v. GehlSupreme Court of Arkansas · 1937
- Thomas v. SpiresSupreme Court of Arkansas · 1929
- Morris v. Levy Lumber Co.Supreme Court of Arkansas · 1912
- Blakemore v. BrownSupreme Court of Arkansas · 1920
- Collar v. CrowleySupreme Court of Arkansas · 1941
4 more not listed; retrieve them via the Exa API.