Barker v. Fuestal
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. A minor has seven years after becoming of age in which to disaffirm his deed. 34 Ark. 596 ; 51 Id. 294; 44 Id. 153; 62 Id. 318. 2. The assignment of the certificate of purchase at tax sale and the deed thereon constitute only a redemption from the tax sale and the -resulting protection to the title already held by McKewen, and was not the acquisition of a new title. 32 Ark.
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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; 1. A minor has seven years after becoming of age in which to disaffirm his deed. 34 Ark. 596 ; 51 Id. 294; 44 Id. 153; 62 Id. 318. 2. The assignment of the certificate of purchase at tax sale and the deed thereon constitute only a redemption from the tax sale and the -resulting protection to the title already held by McKewen, and was not the acquisition of a new title. 32 Ark. Ill; 31 Id. 334. But, if it was, it was invalid for illegality in the excessive levy of taxes. Black on Tax Titles, §§ 93-9; 56 Ark. 88; 61 Id. 36. 3.…
1Opinion of the CourtMcCulloch, C. J.
The plaintiffs, Ida Barker and Anna Lamb, were the owners each of an undivided interest in a tract of land containing eighty acres in Arkansas County, and on April 13, 1898, conveyed the same to C. P. McKewen, and the title was passed, by mesne conveyances, to the defendant, Paul Fuestal. They claim that they were minors at the time of said conveyance, and instituted this action in December, 1909, in the chancery court of Arkansas County, to disaffirm their said deed of conveyance, alleging that the action was instituted within seven years after they attained their respective ages of…
2Cases cited3 opinions
- Stull v. HarrisSupreme Court of Arkansas · 1888
- Swan v. RaineySupreme Court of Arkansas · 1894
- Mercantile Trust Co. v. AdamsSupreme Court of Arkansas · 1910
3Cited by7 opinions
- Arkansas Reo Motor Car Co. v. GoodlettSupreme Court of Arkansas · 1924
- Barker v. CunninghamSupreme Court of Arkansas · 1912
- Williams v. PearceSupreme Court of Oklahoma · 1924
- Tays v. JohnsonSupreme Court of Arkansas · 1927
- Walker v. EllisSupreme Court of Arkansas · 1947
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