Bingham v. Powell
Supreme Court of Arkansas
Appeal from Fulton Chancery Court, Lyman F. Reeder, Chancellor; The recording of the certificate required to be made by the clerk, upon-the day of sale, where it was proved that this was done before the hour of sale, is a sufficient compliance with the statute.
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Appeal from Fulton Chancery Court, Lyman F. Reeder, Chancellor; The recording of the certificate required to be made by the clerk, upon-the day of sale, where it was proved that this was done before the hour of sale, is a sufficient compliance with the statute. The precise question has not been decided, and in cases before this court involving a similar question there was a showing either that the certificate was not recorded until after the day of sale, that the certificate bore no elate, or that no showing was made that the record was made before the hour of sale. The statute requires the…
1Opinion of the CourtSmith, J.
This appeal questions the validity of a tax sale, which is attacked upon the ground that notice of sale was not recorded' prior to the day of sale, as required by section 10085, C. & M. Digest. The county clerk who made the certificate (which bears date the day of sale) testified that the list of delinquent lands and the notice of sale were recorded on the day of sale, but before the hour of sale, and the insistence is that this substantially complies with the statute. The court below held otherwise. Was that holding correct?
In the case of Hunt v. Gardner, 74 Ark. 583, it was said:
“This court…
2Cases cited11 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- Hunt v. GardnerSupreme Court of Arkansas · 1905
- Magness v. HarrisSupreme Court of Arkansas · 1906
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3Cited by2 opinions
- Broadhead v. McEntireCourt of Appeals of Arkansas · 1986
- Johnson v. JohnsonSupreme Court of Arkansas · 1944