Douglass v. Flynn
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The deed being in proper form is prima faoe evidence of the legality of the sale,' 20 Ark., 114, and its recitals sufficient to make it evidence, 12 Id., 882; 21 Id., 582. Burden of proof upon party assailing title. 18 Id., 423; 15 Id., 301; 20 Id., 277,114; 7 Id. ,424. The statute requires suit to be brought within two years, 30 Ark., 44, and the statute begins to run from time of sale. 22 Id., 178 ;…
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APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Circuit Judge. The deed being in proper form is prima faoe evidence of the legality of the sale,' 20 Ark., 114, and its recitals sufficient to make it evidence, 12 Id., 882; 21 Id., 582. Burden of proof upon party assailing title. 18 Id., 423; 15 Id., 301; 20 Id., 277,114; 7 Id. ,424. The statute requires suit to be brought within two years, 30 Ark., 44, and the statute begins to run from time of sale. 22 Id., 178 ; Gantt’s Dig., Sec., 3899, 4117. No tender of taxes, penalty, &c., and 100 per cent, made, or affidavit filed, as…
1Opinion of the CourtEakin, J.
Tlie pleading. This is an action in* ejectment against Douglas by Flynn, who alleges that he claims title by virtue of a deed from a former owner, executed on the 2nd of May, 1878, and recorded on the 8th of April, 1879. It is not exhibited, nor made part of the complaint. It is alleged that defendant is wrongfully in possession.
The answer denies the ownership of plaintiff by virtue of the deed of 1878, saying that said deed is void; that the title was then in the State, having been forfeited for the taxes of 1870 and 1871, and standing unredeemed; that Nathan J. Tompkins on the 7th of July,…
2Cited by10 opinions
- Cecil Powers v. Continental Casualty Company and St. Paul Fire and Marine Insurance CompanyCourt of Appeals for the Eighth Circuit · 1962
- Woodmen of the World Life Insurance Society v. ReeseSupreme Court of Arkansas · 1943
- Helena v. HornorSupreme Court of Arkansas · 1893
- Finley v. HoganSupreme Court of Arkansas · 1895
- Harvey v. DouglassSupreme Court of Arkansas · 1904
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