Galloway v. Battaglia
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. Martha Mitchell was the life tenant in possession of the lot. Her purchase at tax sale was a mere redemption from the tax siale. 70 Ark. 375. ' 2. Appellant was not guilty of laches. She is seeking no equitable relief but sets up a legal title.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; 1. Martha Mitchell was the life tenant in possession of the lot. Her purchase at tax sale was a mere redemption from the tax siale. 70 Ark. 375. ' 2. Appellant was not guilty of laches. She is seeking no equitable relief but sets up a legal title. She is not barred by limitation, being a married woman. 70 Ark. 371; 67 Id. 320; 108 Id. 248; 100 Id. 399. 3. There was no duty or necessity to resort to legal or equitable remedies until some one threatened to de'stroy or impair her rights. 70 Ark. 256; 88 Id. 404. 4. Laches was ho…
1Opinion of the CourtSmith, J.
Appellees instituted this proceeding by filing a petition for the confirmation of their title to lot 1, block 7, of 'Woodruff’s Addition West to the city of Pine Bluff. It was there alleged that the lot had forfeited and been stild to the State for the nonpayment of the taxes for the year 1892, and that after having been duly certified to the State was purchased from the State by one Martha Mitchell on July 6, 1895. Martha Mitchell conveyed this lot, except sixty feet off the south end, to Jeff Austin, who reconveyed the land to her. On October 27, 1902, Martha Mitchell, as widow of John C.…
2Cases cited3 opinions
- Inman v. QuireySupreme Court of Arkansas · 1917
- Magness v. HarrisSupreme Court of Arkansas · 1906
- Anders v. RoarkSupreme Court of Arkansas · 1913
3Cited by15 opinions
- Smith v. MaberrySupreme Court of Arkansas · 1921
- Higginbotham v. HarperSupreme Court of Arkansas · 1943
- Zimmerman v. Franklin County Savings Bank & Trust Co.Supreme Court of Arkansas · 1937
- Rinke v. WeedmanSupreme Court of Arkansas · 1960
- Sovereign Camp Woodmen of the World v. ComptonSupreme Court of Arkansas · 1919
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