Penrose v. Doherty
Supreme Court of Arkansas
Appeal from Woodruff Chancery Court. Edward D. Robertson, Chancellor. STATEMENT BY THE COURT. On the 21st clay of November, 1899, William Penrose commenced an action, in the Woodruff chancery court, against Patrick Doherty, Lizzie Doherty, and Catherine Van Cleve, to quiet his title to a certain section of land described in his complaint, as to the defendants, and to restrain them from cutting timber and erecting a house thereon.
Read the full summary
Appeal from Woodruff Chancery Court. Edward D. Robertson, Chancellor. STATEMENT BY THE COURT. On the 21st clay of November, 1899, William Penrose commenced an action, in the Woodruff chancery court, against Patrick Doherty, Lizzie Doherty, and Catherine Van Cleve, to quiet his title to a certain section of land described in his complaint, as to the defendants, and to restrain them from cutting timber and erecting a house thereon. He alleged in his complaint that the land at one time belonged to Reese P. Sawyer, and that Sawyer and his wife, on the 15th of July, 1875, conveyed the same to R.…
1Opinion of the Court
Battle, J.,
(after stating the facts.) The sale on account of the nonpayment of taxes, having been made on a day not authorized by law, is void. Allen v. Ozark Land Company, 55 Ark. 549. The title to the land in controversy, then, depends upon the legal effect of the two deeds executed by Sawyer, respectively, to Hutchinson and Sigerson. Which of these deeds conveyed the title ?
Section 728 of Sandels & Hill’s Digest is as follows: “No deed, bond, or instrument of writing, for the conveyance of any real estate, or by which the title thereto may be affected in law or equity, hereafter made or…
2Cases cited2 opinions
- Allen v. Ozark Land Co.Supreme Court of Arkansas · 1892
- Youngblood v. VastineSupreme Court of Missouri · 1870
3Cited by24 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- White v. MoffettSupreme Court of Arkansas · 1913
- Harris v. DefenbaughSupreme Court of Kansas · 1910
- Davis v. BurfordSupreme Court of Arkansas · 1939
- Miller v. HenrySupreme Court of Arkansas · 1912
19 more not listed; retrieve them via the Exa API.