Legal Opinion

Eickhoff v. Scott

Supreme Court of Arkansas

Decided December 2, 1918PublishedCited by 11 opinions

Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. The main objection to appellant’s title is that the delinquent list for taxes of 1893 does not contain the caption set out in Kirby’s Digest § 7086, although it contains the notice of sale as prescribed.

Read the full summary

Appeal from Pulaski Chancery Court; Jno. E. Martineau, Chancellor; 1. The main objection to appellant’s title is that the delinquent list for taxes of 1893 does not contain the caption set out in Kirby’s Digest § 7086, although it contains the notice of sale as prescribed. The section requires the list and notice to be recorded but not the caption. 55 Ark. 218; 34 Fed. 701; 140 U. S. 634. But if the caption was required to be recorded failure to do so would not vitiate the sale as no defect is fatal unless injurious to the owner. 91 Ark. 117. See also 22 Id. 556; 30 Id. 732; 81 Id. 319. 2.…

1Opinion of the CourtHumphreys, J.

The husband and father of appellants, George Eickhoff, who is now dead, instituted this suit in the Pulaski Chancery Court on March 20, 1913, against appellees, to cancel their title to lots 1 and 4, block 1, Argenta, Arkansas. George Eickhoff, through whom appellants claim, based his title to said lots on tax deeds procured by him on February 15, 1913, upon presentation to the county clerk of tax certificates which had been issued to John Scott in 1894 at a tax sale for the non-payment of taxes on said lots for 1893.

Appellees answered, attacking the validity of the tax forfeiture and sale…

2Cases cited3 opinions

  1. Knauff v. National Cooperage & Woodenware Co.Supreme Court of Arkansas · 1911
  2. Wood v. Freeman-Smith Lumber Co.Supreme Court of Arkansas · 1913
  3. Stafford v. WatsonSupreme Court of Arkansas · 1883

3Cited by11 opinions

  1. Collins v. HeitmanSupreme Court of Arkansas · 1955
  2. Page v. AtkinsSupreme Court of Oklahoma · 1922
  3. York v. JamesWyoming Supreme Court · 1946
  4. New Mexico Realty Co. v. Security Investment & Development Co.New Mexico Supreme Court · 1921
  5. Coulter v. O'KELLYSupreme Court of Arkansas · 1956

6 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API