Sims v. Cumby
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. W. P. Grace, Special Judge. 1. The Cumby heirs only had a contingent remainder in ■the lands. 44 Ark., 458; 2 Blk., Com., 169; 2 Fearne on Rem., 202; 4 Kent, Com., 206. As such it was in the power of the life-tenant to defeat it by a forfeiture of the particular estate. 4 Kent, Com., 202; Tied, on Real Prop., sec. 401; Fearne on Rem., 216; 5 Wall., 288. The forfeiture to the State for taxes before the death of the life-tenant defeats the…
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APPEAL from Desha Circuit Court. W. P. Grace, Special Judge. 1. The Cumby heirs only had a contingent remainder in ■the lands. 44 Ark., 458; 2 Blk., Com., 169; 2 Fearne on Rem., 202; 4 Kent, Com., 206. As such it was in the power of the life-tenant to defeat it by a forfeiture of the particular estate. 4 Kent, Com., 202; Tied, on Real Prop., sec. 401; Fearne on Rem., 216; 5 Wall., 288. The forfeiture to the State for taxes before the death of the life-tenant defeats the estate in remainder, and appellees never became the owners of the land. 19 Ohio St., 57; 2 Am. Rep., 369; Mansf. Dig., sec.…
1Opinion of the CourtPlEMlNGWAY, J.
The appellant seeks to reverse a judgment against him for the recovery of lands claimed by him •under a donation deed from the State.
As to the material facts there was no controversy, and the court below found them correctly.
The lands in controversy were forfeited to the State for the non-payment of taxes in 1875 and 1876. There was no newspaper published in the county in which the lands were situate, and the notice of sale was published in another county, not the nearest in which a paper was published.
The appellant obtained a donation certificate on the 24th of March, 1880, entered upon the…
2Cases cited1 opinion
- Hurst v. SelvidgeTennessee Supreme Court · 1847
3Cited by24 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Cooper v. LeeSupreme Court of Arkansas · 1894
- Anthony v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1913
- Sparks v. FarrisSupreme Court of Arkansas · 1902
- Tilghman, Administrator v. RightorSupreme Court of Arkansas · 1947
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