Legal Opinion · Dissent

Towson v. Denson

Supreme Court of Arkansas

Decided February 18, 1905Published

Appeal from Sevier Chancer}'- Court. Section 6643 of Sandels & Hill’s Digest is inoperative. 46 Ark. 100; 53 Ark. 204; 55 Ark. 192. The act of 1899 must be strictly construed. 70 Ark. 481; 59 Ark. 356; Sedg. Stat. Const. 188; Cooley, Const. Lim. 69; 56 Ark. 495; 7 Johns, 502. The act is retrospective. 5 Ark. 510; 6 Ark. 492. The act takes away private property without due process of law. 129 Mass. 561; 14 How. 501; 129 Mass. 562; Cooley, Const.

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Appeal from Sevier Chancer}'- Court. Section 6643 of Sandels & Hill’s Digest is inoperative. 46 Ark. 100; 53 Ark. 204; 55 Ark. 192. The act of 1899 must be strictly construed. 70 Ark. 481; 59 Ark. 356; Sedg. Stat. Const. 188; Cooley, Const. Lim. 69; 56 Ark. 495; 7 Johns, 502. The act is retrospective. 5 Ark. 510; 6 Ark. 492. The act takes away private property without due process of law. 129 Mass. 561; 14 How. 501; 129 Mass. 562; Cooley, Const. Lim. 443; 20 Mich. 406. The benefit under this act cannot be derived until one has paid taxes under color of title for seven years, three of which…

1Dissent

H114,, C. J.,

(dissenting.) Prior to the act in question, it had been the settled law of this State for many years that “neither conveyances, nor color of title, nor payment of taxes, nor all combined can give title to land under the statute of limitations. There must be proof of adverse possession for the requisite time.” Calloway v. Cossart, 45 Ark. 81. It was evidently to change the status of wild and uninclosed land in this respect that the act was passed. The first clause says “that such lands shall be deemed and held to be in possession of the person who pays taxes thereon, if he have…

2Cases cited17 opinions

  1. Minis v. United StatesSupreme Court of the United States · 1841
  2. Groesbeck v. SeeleyMichigan Supreme Court · 1865
  3. Converse v. United StatesSupreme Court of the United States · 1859
  4. Gaston v. MerriamSupreme Court of Minnesota · 1885
  5. Ringo v. WoodruffSupreme Court of Arkansas · 1884

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