Little v. McGuire
Supreme Court of Arkansas
Appeal from Jackson- Chancery Court; George T. Humphries, Chancellor; 1. An insane person who holds the legal title to lands may redeem within two years, but the statute is not broad enough to extend the right to an insane person who only has an equitable title, where the title is in a trustee. Kirby’s Dig., § § 7095, 5056. 2. When ’the trustee is barred by limitation, the cestui que trust is also barred.
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Appeal from Jackson- Chancery Court; George T. Humphries, Chancellor; 1. An insane person who holds the legal title to lands may redeem within two years, but the statute is not broad enough to extend the right to an insane person who only has an equitable title, where the title is in a trustee. Kirby’s Dig., § § 7095, 5056. 2. When ’the trustee is barred by limitation, the cestui que trust is also barred. The trustee was barred by the seven years statute of limitations. 53 Ark. 358; Wood on Limitation, § 208; 25 Cyc. 1010; 68 Tex. 150; 51 Ga. 139; 100 IT. S. 564; 14 Pac. 874; 20 S. W. 1065;…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted on behalf of a person of unsound mind to redeem lands from tax sale under a statute of this State which provides that “all lands, city or town lots belonging to insane persons, minors or persons in confinement, and which have been, or may hereafter be, sold for taxes, may be redeemed within two years from and after the expiration of such disability.” Kirby’s Digest, § 7095.
Redemption from tax sales is allowed generally for a period of two years after sale, and the above quoted statute is an exception in favor of persons under disability.
The lands in controversy…
2Cases cited4 opinions
- Parker v. WilsonSupreme Court of Arkansas · 1911
- Chase v. CartrightSupreme Court of Arkansas · 1890
- Cox v. BrittSupreme Court of Arkansas · 1861
- McKenzie v. RolesonSupreme Court of Arkansas · 1872
3Cited by14 opinions
- Aycock Pontiac, Inc. v. AycockSupreme Court of Arkansas · 1998
- Bowen v. FrankSupreme Court of Arkansas · 1929
- Gist v. PettusSupreme Court of Arkansas · 1914
- LeFlore v. HandlinSupreme Court of Arkansas · 1922
- Baum v. FoxSupreme Court of Arkansas · 1936
9 more not listed; retrieve them via the Exa API.