Fagg v. Martin
Supreme Court of Arkansas
APPEAL from Conway Circuit Court. G. S. Cunningham, Judge. 1. The overdue tax law is unconstitutional, and the chancery court had no jurisdiction. See cases postea. 2. The complaint did not state a cause of action. There are no averments in the complaint except ownership; none to aid the deed exhibited. 3. No deed was made to the State, as contemplated by sec. 15 of the act, nor could the land be certified to the land office until the time for redemption expired.
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APPEAL from Conway Circuit Court. G. S. Cunningham, Judge. 1. The overdue tax law is unconstitutional, and the chancery court had no jurisdiction. See cases postea. 2. The complaint did not state a cause of action. There are no averments in the complaint except ownership; none to aid the deed exhibited. 3. No deed was made to the State, as contemplated by sec. 15 of the act, nor could the land be certified to the land office until the time for redemption expired. No title vested until after the two years allowed by law for redemption expired. Secs. 11 and 13. 4. Before the two years expired…
1Opinion of the CourtHughes, J.
This was an action of ejectment for land described in the complaint, which avers ownership in the plaintiff and possession by defendants, and with which is exhibited as evidence of title a deed from the commissioner •of state lands to plaintiff for the land in controversy. There are no averments in the complaint save the above.
The answers of the defendants deny title in plaintiff, claim title in themselves, and exhibit muniments of title upon which they rely; deny that there were taxes due and unpaid on said lands for the year 1880, for which the decree of the chancery court under the overdue…
2Cited by5 opinions
- Reynolds v. HillSupreme Court of Oklahoma · 1910
- Hockett v. AlstonCourt Of Appeals Of Indian Territory · 1900
- Muse v. Arlington Hotel Co.U.S. Circuit Court for the District of Eastern Arkansas · 1895
- Merrill v. MartinCourt Of Appeals Of Indian Territory · 1901
- James v. SmithCourt Of Appeals Of Indian Territory · 1900