Whipple v. Tuxworth
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor ; The suit by the board of improvement to sell the land for unpaid taxes was one in rem. 50 Ark. 188; 55 Id. 398. The Code provisions as to persons constructively summoned do not apply in a suit against land for taxes. 57 Ark. 49. When the jurisdiction of a court of general jurisdiction depends upon facts not appearing upon the record, they will be presumed in' a collateral preceding. 64 Ark. 464. A court of…
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor ; The suit by the board of improvement to sell the land for unpaid taxes was one in rem. 50 Ark. 188; 55 Id. 398. The Code provisions as to persons constructively summoned do not apply in a suit against land for taxes. 57 Ark. 49. When the jurisdiction of a court of general jurisdiction depends upon facts not appearing upon the record, they will be presumed in' a collateral preceding. 64 Ark. 464. A court of general jurisdiction is presumed to have had jurisdiction of the parties as well as the subject-matter. 12 la. 204; 39 Id.…
1Opinion of the CourtBattle, J.
Frank Tuxworth filed a complaint against Du-rand Whipple, in the Pulaski Chancery Court, on the 13th day of September, 1904. • He alleged in his complaint that he was the owner of lot No. 14 in block No. 17 in Fleming & Bradford’s Addition, in the city of Little Rock; that it is vacant and unimproved; that he was a non-resident of this State; that suit was brought in the Pulaski Chancery Court in July, 1902, by the alleged Improvement District No. 60 against the unknown owners of the lot for assessment charges against the same for the years 1899, 1900 and 1901, amounting in the aggregate to…
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