Legal Opinion

Scroggin v. Ridling

Supreme Court of Arkansas

Decided October 18, 1909PublishedCited by 13 opinions

Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; The one issue raised by the pleadings and proof is whether appellee paid the taxes and the collector by mistake improperly applied the payment to the wrong tract.

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Appeal from Conway Chancery Court; Jeremiah G. Wallace, Chancellor; The one issue raised by the pleadings and proof is whether appellee paid the taxes and the collector by mistake improperly applied the payment to the wrong tract. On this issue he must fail because of this stipulation: “It is agreed that the defendant, Ridling, paid the amount of money shown 'by his tax receipt for 1904; that the receipt included twenty acres of land assessed at $30.00 not owned by him, to-wit: S. S. W.%, N. E.J4 28-8-16 W., and the land in controversy not included in the receipt was assessed at $100.” The…

1Opinion of the CourtHart, J.

O. O. Scroggin brought suit in ejectment in the Conway Circuit Court against H. E. Ridling to recover possession of the N. E. Y °f the N. E. Y of Sec. 20, Twp. 8 N., R. 16 West, in Conway County, Arkansas. He relied on a tax title to maintain his action. Ridling filed his answer and motion to transfer the cause to the chancery court, in which he set up that he had attempted to pay the taxes in apt time, but that through the mistake or fault of the collector of taxes the land was not properly described in the tax receipt given him, and that he did not discover the mistake until the present…

2Cases cited1 opinion

  1. Gunn v. ThompsonSupreme Court of Arkansas · 1902

3Cited by13 opinions

  1. Knauff v. National Cooperage & Woodenware Co.Supreme Court of Arkansas · 1911
  2. Mixon v. BellSupreme Court of Arkansas · 1935
  3. Robertson v. JohnsonSupreme Court of Arkansas · 1916
  4. Kitchens v. MacHenSupreme Court of Arkansas · 1947
  5. Schuman v. PersonSupreme Court of Arkansas · 1950

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