Legal Opinion

Earl v. Harris

Supreme Court of Arkansas

Decided January 10, 1916PublishedCited by 5 opinions

Appeal from. Perry ’Chancery Court; John E. Martinecm, 'Chancellor on Exchange; Harris shows no title ¡at the time of the ¡tax sale. There is neither allegation nor proof that he or .any one under whom he claims had title to the property, at the time of the sale for taxes to Earl. Kirby’s Dig., § 7105. Earl’s ¡tax title is good. The recitals of ¡the tax deed are prima facie true. Kirby’s Dig., § 7104; 59 Ark. 195. Its recitals have not been overcome by the evidence.

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Appeal from. Perry ’Chancery Court; John E. Martinecm, 'Chancellor on Exchange; Harris shows no title ¡at the time of the ¡tax sale. There is neither allegation nor proof that he or .any one under whom he claims had title to the property, at the time of the sale for taxes to Earl. Kirby’s Dig., § 7105. Earl’s ¡tax title is good. The recitals of ¡the tax deed are prima facie true. Kirby’s Dig., § 7104; 59 Ark. 195. Its recitals have not been overcome by the evidence. Earl’s tax title is void. The record of the tax sale shows conclusively that this record was not made until after the sale, and…

1Opinion of the CourtSmith, J.

This litigation involes a tract of land which had been owned by a negro named George Bull. Some time before his death Bull gave a mortgage on this land, which was later foreclosed in the Perry County Chancery ¡Court, and at the sale under this decree appellee became the purchaser aud received a commissioner’s deed dated April 3, 1906. This foreclosure suit was begun in 1903, and the parties 'defendant were the children of George Bull.

Appellant purchased 'the land at a sale for the taxes of 1901, and received a tax deed dated 'September 9,1904, based on this sale, and he undertook to show that…

2Cases cited8 opinions

  1. Crill v. HudsonSupreme Court of Arkansas · 1903
  2. Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
  3. Hunt v. GardnerSupreme Court of Arkansas · 1905
  4. Magness v. HarrisSupreme Court of Arkansas · 1906
  5. Martin v. AllardSupreme Court of Arkansas · 1891

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Hurst v. MunsonSupreme Court of Arkansas · 1922
  2. Bingham v. PowellSupreme Court of Arkansas · 1922
  3. Fairbank v. DouglasSupreme Court of Arkansas · 1933
  4. Bennett v. YounesSupreme Court of Arkansas · 1934
  5. First National Bank of Corning v. PolkSupreme Court of Arkansas · 1926

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