Byrne v. Less
Supreme Court of Arkansas
Appeal from Miller Chancery Court; lames D. Shaver, Chancellor; The presumption is in favor of the validity of a tax deed. Kirby’s Dig., § § 7104-5; 81 Ark. 3x9; 30 Ark. 732; 59 Ark. 195. Property to be sold for taxes must be properly described in the notice of sale. 25 L. Ed.
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Appeal from Miller Chancery Court; lames D. Shaver, Chancellor; The presumption is in favor of the validity of a tax deed. Kirby’s Dig., § § 7104-5; 81 Ark. 3x9; 30 Ark. 732; 59 Ark. 195. Property to be sold for taxes must be properly described in the notice of sale. 25 L. Ed. (U. S.) 327; 59 Ark. 460; 69 Ark. 358; 56 Ark. 172; 50 Ark. 484; 79 Árk. 442; 64 Ark. 432; 62 Ark. 189. And defects therein cannot be cured by any communication made to the bidders on the day of sale. 7 L- Ed. (U. S.) 882. The failure of the clerk to attach his certificate is fatal to the sale. 68 Ark. 248; 74 Ark. 583;…
1Opinion of the CourtBattle, J.
L. A. Byrne brought this action against Gus Less and another in the Miller Circuit Court to recover a certain tract of land. He' bases his right to recover upon a purchase at a sale of the land on the 13th day of June, 1904, for the taxes of 1903. Less denied his right to recover, alleging that the sale was void for several reasons, one of which was the notice of the sale was not' given in the manner prescribed by law. Notice was given by a publication of the lands returned delinquent, of which the land in controversy was a part, “in the Weekly Texarkanian, a weekly newspaper published in…
2Cases cited1 opinion
- Townsend v. MartinSupreme Court of Arkansas · 1891
3Cited by4 opinions
- Walter v. SwaimSupreme Court of Arkansas · 1913
- Bennett v. YounesSupreme Court of Arkansas · 1934
- Johnson v. Tucker Lake Levee & Drainage DistrictSupreme Court of Arkansas · 1925
- Loetscher v. Baseline Sewer Imp. Dist. No. 201Supreme Court of Arkansas · 1962