Legal Opinion

Woolfork v. Buckner

Supreme Court of Arkansas

Decided January 12, 1895PublishedCited by 13 opinions

Appeal from Chicot Circuit Court. Carroee D. Wood, Judge. STATEMENT BY THE COURT. This suit was brought by the appellant to recover the NF. í of the NW. % of section 7, township 14 S., range 3 W., which the appellee had in possession, and claimed to own under the seven-years statute of limitations.

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Appeal from Chicot Circuit Court. Carroee D. Wood, Judge. STATEMENT BY THE COURT. This suit was brought by the appellant to recover the NF. í of the NW. % of section 7, township 14 S., range 3 W., which the appellee had in possession, and claimed to own under the seven-years statute of limitations. The appellant also sought to recover the W.g of the NE.j of section 7, and the SF. i of the NF. i of section 8, both in township 14 S., range 3 W., which the appellee claimed to own under purchases at tax sale for the taxes of 1877; and set up the two-years statute of limitation (section 4475,…

1Opinion of the Court

Hughes, J.,

(after stating the facts.)

The evidence is clear that the appellee and those under whom he claims had obtained title to the twelve ■acres awarded him in the judgment of the court, in the NW. corner of the NE. k of the NW. | of section 7, township 14 S., range 3 W.

1. Tax-sale void for want of notice. The tax titles relied upon by the appellee were void for want of notice of the tax-sale.

% No constructive possession under void tax-deed. Without actual possession by appellee, there was no possession by him, as constructive possession follows the title when there is no actual adverse…

2Cases cited6 opinions

  1. Pillow v. RobertsSupreme Court of the United States · 1852
  2. Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
  3. Moore v. BrownSupreme Court of the United States · 1851
  4. Bradley v. WestSupreme Court of Missouri · 1875
  5. Barrett v. LoveSupreme Court of Iowa · 1878

1 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Towson v. DensonSupreme Court of Arkansas · 1905
  2. Crill v. HudsonSupreme Court of Arkansas · 1903
  3. Ross v. RoyalSupreme Court of Arkansas · 1905
  4. Haggart v. RanneySupreme Court of Arkansas · 1904
  5. Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900

8 more not listed; retrieve them via the Exa API.

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