Legal Opinion

Newman v. Lybrand

Supreme Court of Arkansas

Decided October 8, 1917PublishedCited by 4 opinions

Appeal from Grant Chancery Court; J. P. Henderson, Chancellor; 1. The taxes had been paid and the tax sale and.deed were void. 32 Ark. 386; 15 Id. 331, 336; 21 Id. 578; 37 Id. 100; 23 Id. 375; 97 Id. 369; 22 Id. 118. 2. The land was not properly described nor advertised. 15 Ark. 363; 21 Id. 578; 59 Id. 46; 27 S. W. 970; 112 Ark. 159; Black on Tax Titles, 37-8; 36 L. R. A. (N. S.) 1063. The sale was unauthorized and void.

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1Opinion of the Court

"WOOD, J.,

(after stating the facts). It may be conceded for the purposes of this opinion that if the appel-lee’s tax deed is void for the reasons alleged in appellant’s complaint that appellant is the owner of the land and entitled to the relief prayed. But the chancellor was correct in holding that there was no competent evidence in the record to show that the appellee’s tax deed was void. The tax deed was regular on its face.

In Senter v. Greer, 101 Ark. 301, 302, we said: “The deed of the clerk of the county court, executed substantially as the statute requires, was prima facie evidence of…

2Cases cited1 opinion

Senter v. GreerSupreme Court of Arkansas · 1911

3Cited by4 opinions

Robnett v. Cotton States Life InsuranceSupreme Court of Arkansas · 1921
Arkansas State Game & Fish Commission v. KizerSupreme Court of Arkansas · 1952
Stade v. BergSupreme Court of Arkansas · 1930
Massengale v. BrownSupreme Court of Arkansas · 1923