Brasch v. Mumey
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; The time for redemption had expired. The confirmation, when made, related back to the date of sale, and made it complete and valid from that date. Kirby’s Dig. § § 5703, 5704; Rorer on Jud. Sales (2 ed.), §106; Id. §> 109; 17 Am. & Eng.
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Appeal from Sebastian Chancery Court; J. V. Bourland, Chancellor; The time for redemption had expired. The confirmation, when made, related back to the date of sale, and made it complete and valid from that date. Kirby’s Dig. § § 5703, 5704; Rorer on Jud. Sales (2 ed.), §106; Id. §> 109; 17 Am. & Eng. Enc. of E. 993; 24 Cyc. 36; 80 Ark. 1. The right of redemption exists only by virtue of the statute, and must be exercised within the time prescribed by statute. 24 Cyc. 68. The sale iwas not perfected and completed until confirmed by the court, and appellee had one year from that date in which…
1Opinion of the CourtFrauenthal, J.
This was an action instituted by appellee to redeem a lot situated in the city of Fort Smith from a sale made thereof for a delinquent sewer improvement assessment. The lot was owned by the appellee, and was situated in an improvement district known as Sewer District No. 2 of the city of Fort Smith. The board of improvement of said district, had brought suit in the chancery court for the recovery of the delinquent assessment on said, lot and the enforcement of the lien thereof, and the appellee was duly made a party to and served with process in that suit. A decree was rendered by said court…
2Cases cited17 opinions
- Dubois v. HepburnSupreme Court of the United States · 1836
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Apel v. KelseySupreme Court of Arkansas · 1886
- Haralson v. George'sSupreme Court of Alabama · 1876
- Bell v. GreenSupreme Court of Arkansas · 1881
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3Cited by17 opinions
- Gailey v. RickettsSupreme Court of Arkansas · 1916
- Tri-County Highway Improvement District v. Vincennes Bridge Co.Supreme Court of Arkansas · 1925
- Smith v. SpillmanSupreme Court of Arkansas · 1918
- Little Red River Levee District No. 2 v. ThomasSupreme Court of Arkansas · 1922
- Harris v. StevensSupreme Court of Oklahoma · 1921
12 more not listed; retrieve them via the Exa API.