Hewett v. Ozark White Lime Co.
Supreme Court of Arkansas
Appéal from Benton Chancery Court; T, II. Humphreys, Chancellor; 1. The. notice of the sale of the land was actually published, but the certificate -of the clerk iat the end or foot of the delinquent fist does not -show that fact. The failure of 'the clerk was a mere irregularity or omission of duty, from taking advantage of which appellee is barred (by the two years’ -statute of limitation.
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Appéal from Benton Chancery Court; T, II. Humphreys, Chancellor; 1. The. notice of the sale of the land was actually published, but the certificate -of the clerk iat the end or foot of the delinquent fist does not -show that fact. The failure of 'the clerk was a mere irregularity or omission of duty, from taking advantage of which appellee is barred (by the two years’ -statute of limitation. Kirby’s Dig., § 7114; 46 Ark. 96. 2. The -description of the land is -sufficiently definite for a -surveyor to take the -deed and locate and identify it by reference to the -description in the -deed, and…
1Opinion of the Court
McCulloch, 'C. J.(1) This is an action in the Chancery court to cancel a tax deed under which appellant claims title to the land in controversy, which is described in the tax proceedings and in appellant’s deed as “W. pt. S. E. S. E. 20-20-33, 7-60 acres.” The assessment was in the name of “unknown” owner. Appellee was the owner of 'the land, and the only question involved is as to the validity of the tax sale, which is attacked on the ground that the description is insufficient, 'and also because the clerk of the county court failed to make a certificate on the record of the delinquent list,…
2Cases cited6 opinions
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
- Townsend v. MartinSupreme Court of Arkansas · 1891
- Hunt v. GardnerSupreme Court of Arkansas · 1905
- Martin v. AllardSupreme Court of Arkansas · 1891
- Schattler v. CassinelliSupreme Court of Arkansas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cotton v. WhiteSupreme Court of Arkansas · 1917
- Cecil v. Tisher and FriendSupreme Court of Arkansas · 1944
- Wildman v. EnfieldSupreme Court of Arkansas · 1927
- American Portland Cement Co. v. Certain LandsSupreme Court of Arkansas · 1929
- Northern Improvement Dist. of Ark. v. SimmermanSupreme Court of Arkansas · 1934
7 more not listed; retrieve them via the Exa API.