Anthony v. Manlove
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. John A. Williams, Judge. In 1887 Robert Manlove, a minor, sued Anthony to recover land of which his father died seized in 1879, and alleged that in 1883 defendant entered into possession and still held the land under a void tax title. He filed with the complaint an affidavit of the tender of taxes, as provided by section 2649, Mansfield's Digest.
Read the full summary
APPEAL from Jefferson Circuit Court. John A. Williams, Judge. In 1887 Robert Manlove, a minor, sued Anthony to recover land of which his father died seized in 1879, and alleged that in 1883 defendant entered into possession and still held the land under a void tax title. He filed with the complaint an affidavit of the tender of taxes, as provided by section 2649, Mansfield's Digest. Defendant answered that he purchased the land from the commissioner of state lands, and held exclusive possession for more than two years preceding the commencement of the suit; and denied that plaintiff had made…
1Opinion of the CourtHemingway, J.
This was an action of ejectment against a purchaser at a tax sale. There was an affidavit that the plaintiff had made the tender, as prescribed by the second section of the act of January 10, 1857, being section 2649 of Mansfield’s Digest. The sufficiency of the affidavit was not controverted, but the defendant sought to traverse its allegations by his answer. This the court declined to permit, and upon a trial rendered judgment for the plaintiff,
tax^1 aCnd — Con^ ófteñdei-.affidav‘l The statute does not in terms provide that any issue may be made upon the allegations of the affidavit. Its…
2Cited by5 opinions
- Reynolds v. PlantsSupreme Court of Arkansas · 1938
- Beloate v. State Ex Rel. Attorney GeneralSupreme Court of Arkansas · 1933
- Burgett v. McCraySupreme Court of Arkansas · 1896
- Wolf & Bailey v. PhillipsSupreme Court of Arkansas · 1915
- Loudon v. SpellmanCourt of Appeals for the Eighth Circuit · 1897