Legal Opinion

Wyse v. Johnston

Supreme Court of Arkansas

Decided July 22, 1907PublishedCited by 8 opinions

Appeal from Randolph Circuit Court; John W. Meeks, Judge; Mrs. S. L. Wyse brought an -action against W. H. Waddle and J. L. Johnson for conversion of timber upon certain land alleged to belong to her. The case was submitted upon the following agreed statement of facts: “It is agreed that this land was conveyed by W. IT.

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Appeal from Randolph Circuit Court; John W. Meeks, Judge; Mrs. S. L. Wyse brought an -action against W. H. Waddle and J. L. Johnson for conversion of timber upon certain land alleged to belong to her. The case was submitted upon the following agreed statement of facts: “It is agreed that this land was conveyed by W. IT. Waddle and wife to Thomas H. Wyse,'November 15, 1873; that Thomas H. Wyse died, testate, in Greene County, Arkansas, on the 22d day of February, 1899, and that under the provisions of his will this land was devised to plaintiff, his wife; that the deed of W. H. Waddle and wife…

1Opinion of the CourtHmu, C. J.

As will be seen from the agreed statement of facts, which will appear in the statement by the Reporter, the only question presented here is whether redemption of lands from tax sale is payment within the meaning of section 5057 of Kirby’s Digest. That section, as construed by this court in Towson v. Denson, 74 Ark. 302, and Updegraff v. Marked Tree Lumber Co., ante, p. 154, confers the title to unimproved and uninclosed lands upon the person who pays the taxes thereon for seven years in succession, if he have color of title thereto, by force of it in connection with the general statute of…

2Cases cited4 opinions

  1. Towson v. DensonSupreme Court of Arkansas · 1905
  2. McDonald v. McCoyCalifornia Supreme Court · 1898
  3. Robinson v. NordmanSupreme Court of Arkansas · 1905
  4. Wettig v. BowmanIllinois Supreme Court · 1868

3Cited by8 opinions

  1. Schmeltzer v. ScheidSupreme Court of Arkansas · 1941
  2. Bowen v. OlsonUtah Supreme Court · 1954
  3. Rachels v. Stecher Cooperage WorksSupreme Court of Arkansas · 1910
  4. Price v. GreerSupreme Court of Arkansas · 1909
  5. Aggelos v. Zella Mining Co.Utah Supreme Court · 1940

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