Parr v. Matthews
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. E, H. Powell, Judge. There was no adverse possession by appellee to give title-under a void tax deed by limitation of seven years. 45 Arh.y 89. His only defence was the two years’ limitation under act April 8, 1869, Sec. 138, and July 23, 1868. This act was construed in JRatcliffe v. Scruggs, 46 Ark., 104-5, to-refer alone to formal irregularities • not prejudicial to the owner.
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APPEAL from Lawrence Circuit Court. E, H. Powell, Judge. There was no adverse possession by appellee to give title-under a void tax deed by limitation of seven years. 45 Arh.y 89. His only defence was the two years’ limitation under act April 8, 1869, Sec. 138, and July 23, 1868. This act was construed in JRatcliffe v. Scruggs, 46 Ark., 104-5, to-refer alone to formal irregularities • not prejudicial to the owner. But the defects in this case are fundamental and jurisdictional affecting the power to levy the tax or sell the land. The court properly found the tax deed void, and it should' have…
1Opinion of the CourtCockrill, C. J.
This is a suit to quiet title. The complaint was filed by the Parrs to cancel a tax deed held by Matthews. The court found that the title to the land was in the plaintiffs, unless it was divested by the tax deed ; that the tax deed was good on its face but void in fact; that the land was wild and unimproved ; that the defendant, the purchaser at tax sale, had never been in possession, but had paid the taxes for the years subsequent to his purchase; and it was decreed that the adult plaintiffs were barred of their remedy and that the minor plaintiff should be permitted to redeem. The…
2Cases cited2 opinions
- Galpin v. PageSupreme Court of the United States · 1874
- Radcliffe v. ScruggsSupreme Court of Arkansas · 1885
3Cited by10 opinions
- St. Louis Refrigerator & Wooden Gutter Co. v. ThorntonSupreme Court of Arkansas · 1905
- Alexander v. GordonCourt of Appeals for the Eighth Circuit · 1900
- Jackson v. BoydSupreme Court of Arkansas · 1905
- Indiana & Arkansas Lumber & Mfg. Co. v. BrinkleyCourt of Appeals for the Eighth Circuit · 1908
- Buschow Lumber Company v. WittSupreme Court of Arkansas · 1948
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