Scott v. Watkins
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court.. Hon. Hulrert F. Fairchild, Chancellor. For appellants we submit, that: 1st. Watkins was not entitled to a decree, not being within the statute. Smith vs. Robinson, 13 Ark. 563. 2d. The forfeiture was void because for more than was due. 13 How. U. S. R. 24; 19 Ohio. 237; 8 Blackf. R. 336, 582. 3d. Taxes are not due till assessed. 26 Penn. S. Rep. 437; 4 Watts 352; 1 Munf. 430. 4th. The county tax in 1854-5, &c.,was for too much.
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Appeal from Pulaski Chancery Court.. Hon. Hulrert F. Fairchild, Chancellor. For appellants we submit, that: 1st. Watkins was not entitled to a decree, not being within the statute. Smith vs. Robinson, 13 Ark. 563. 2d. The forfeiture was void because for more than was due. 13 How. U. S. R. 24; 19 Ohio. 237; 8 Blackf. R. 336, 582. 3d. Taxes are not due till assessed. 26 Penn. S. Rep. 437; 4 Watts 352; 1 Munf. 430. 4th. The county tax in 1854-5, &c.,was for too much. Dig. sec. 1, 2, 3, p. 213. 5th. No penalty could be laid on taxes of 1845 and ‘46. Acts of 1846, p. 25. The repeal destroyed the…
1Opinion of the CourtChief Justice English
On the 5th of November' 1849, the south half of section 26, township 2 south, range 11 west, was offered for sale, by the collector of Pulaski county, for the taxes, penalty and costs charged thereon for the years 1844 to 1849, inclusive, and struck off to the State for want of any other bidder. On the 9th of February, 1852, Alfred Wallace purchased the land at the Auditor’s sale, and obtained the Auditor’s deed therefor in the usual form. He afterwards sold it to George 0. Watkins, who filed a bill in the Chancery Court of Pulaski county for confirmation of Wallace’s tax title.
James A. Scott…
2Cases cited2 opinions
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