Jackson v. Boyd
Supreme Court of Arkansas
Appeal from Ashley Chancery Court. Marcus L. Hawkins, Judge. STATEMENT BY THE COURT. W. S. Jackson, Sr., entered the lands in controversy, and died without disposing of them, and leaving the appellants his heirs at law. They filed a complaint in Ashley Chancery Court, alleging that the appellees, defendants therein, had a title based on an overdue tax decree which was void for reasons stated in the complaint.
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Appeal from Ashley Chancery Court. Marcus L. Hawkins, Judge. STATEMENT BY THE COURT. W. S. Jackson, Sr., entered the lands in controversy, and died without disposing of them, and leaving the appellants his heirs at law. They filed a complaint in Ashley Chancery Court, alleging that the appellees, defendants therein, had a title based on an overdue tax decree which was void for reasons stated in the complaint. They further alleged that the lands were unoccupied and in the actual possession of no one, and prayed the amount of taxes, penalty and costs and interest due the defendants be…
1Opinion of the Court
Hill, C. J.,
(after stating the facts.) For thirteen years the appellees paid taxes on the lands in controversy, holding the same under a deed based on a void overdue tax decree. The appellants were adults, and living in the county during that time. After said lapse of time they brought a bill in equity to redeem from said void sale and previous void tax forfeitures. The sole question is whether they are barred by laches; no other obstacle is sought to be placed in the way of their recovery.
There could be no action on the facts here to recover possession, for the possession was always with the…
2Cases cited5 opinions
- Hoyt v. LathamSupreme Court of the United States · 1892
- Gibson v. HerriottSupreme Court of Arkansas · 1891
- Penrose v. DohertySupreme Court of Arkansas · 1902
- Calloway v. CossartSupreme Court of Arkansas · 1885
- Parr v. MatthewsSupreme Court of Arkansas · 1887
3Cited by10 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Williams v. BennettSupreme Court of Arkansas · 1905
- Knight v. RogersSupreme Court of Arkansas · 1941
- Chancellor v. BanksSupreme Court of Arkansas · 1909
- Fordyce v. VickersSupreme Court of Arkansas · 1911
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