St. Louis & San Francisco Railway Co. v. Holton-Warren Lumber Co.
Supreme Court of Arkansas
Appeal from Benton Circuit Court in Chancery. Fdward S. McDaniEl, Judge. It was error to sustain the demurrer because : 1. The notice failed to show by what authority the lands were sold. Mansf. Dig. 577. 2. It failed to state the nature of the title by which the lands were held. Ib. sec. 577. 3. The notice was not sworn to by any publisher or jbro-prietor of any newspaper.
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Appeal from Benton Circuit Court in Chancery. Fdward S. McDaniEl, Judge. It was error to sustain the demurrer because : 1. The notice failed to show by what authority the lands were sold. Mansf. Dig. 577. 2. It failed to state the nature of the title by which the lands were held. Ib. sec. 577. 3. The notice was not sworn to by any publisher or jbro-prietor of any newspaper. Jb. sec. 578. The affidavit of an editor is not sufficient. 14 Ark. 408 ; 11 id. 120; 25 id. 364. 4. Six months had not elapsed from the last day of publication until the first day of court. Ib. sec. 577. This is fatal.…
1Opinion of the CourtWood, J.
This is a suit to annul a decree of confirmation of the Benton chancery court. The bill, after setting out the tax title which was confirmed, alleges, inter alia, “that said decree is null and void, and obtained without legal notice of the intention to make application for said confirmation decree at said term of court, and is a fraud on this plaintiff’s rights;” “that the notice given by the defendant that application would be made at the spring term, 1891, for said decree failed to state, in the same, by what authority and under what authority said tracts of land were sold; ” “that said…
2Cases cited1 opinion
- Nordman v. CraigheadSupreme Court of Arkansas · 1872