Smith v. Spillman
Supreme Court of Arkansas
Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; 1. Under Acts 1911, page 28, appellees had only one year within which to redeem. Act 43, Acts 1915, can not extend the time because it could not be retroactive nor defeat nor impair nor divest vested rights. 127 Ark. 341; 112 Id. 6; 63 Id. 573; 117 Id. -606. 2. After the year expired the time could not be extended. The act is not retroactive nor can not it affect vested rights. 29 Fla. 79; 30 Am.
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Appeal from Greene Chancery Court; Archer Wheatley, Chancellor; 1. Under Acts 1911, page 28, appellees had only one year within which to redeem. Act 43, Acts 1915, can not extend the time because it could not be retroactive nor defeat nor impair nor divest vested rights. 127 Ark. 341; 112 Id. 6; 63 Id. 573; 117 Id. -606. 2. After the year expired the time could not be extended. The act is not retroactive nor can not it affect vested rights. 29 Fla. 79; 30 Am. St. 95; 194 U. S. 415; 40 Ark. 423; 51 Id. 453. The limitation expired before the Act of 1915 passed. Cooley on Taxation, (2d ed.)…
1Opinion of the CourtMcCULLOCH, C. J.
The controversy in this case involves the right of appellees to redeem a certain lot or tract of real estate from sale under decree of a chancery court enforcing a lien for drainage assessments. The chancery court upheld the appellees’ asserted right to redemption, and an appeal has been prosecuted from the decree allowing the redemption.
Appellees were the owners of the land in controversy, and the same was assessed for taxation for drainage purposes in a district designated as “Eight Mile Drainage District No. 2,” organized under the general statute authorizing the organization of such…
2Cases cited15 opinions
- George v. NorwoodSupreme Court of Arkansas · 1905
- McCarter v. NeilSupreme Court of Arkansas · 1887
- Gailey v. RickettsSupreme Court of Arkansas · 1916
- Brasch v. MumeySupreme Court of Arkansas · 1911
- Wells v. RiceSupreme Court of Arkansas · 1879
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3Cited by13 opinions
- Milkint v. McNeeleyWest Virginia Supreme Court · 1933
- Washington County v. ParadisIdaho Supreme Court · 1923
- Crowe v. Security Mortgage Co.Supreme Court of Arkansas · 1928
- Federal Land Bank of St. Louis v. FloydSupreme Court of Arkansas · 1933
- Davidson v. HartsfieldSupreme Court of Arkansas · 1971
8 more not listed; retrieve them via the Exa API.