Legal Opinion

Lloyd v. Thornton

Supreme Court of Arkansas

Decided January 3, 1921PublishedCited by 4 opinions

Appeal from Clark Chancery Court; James D. Shave'1% Chancellor; STATEMENT OE EAOTS. Appellees brought this suit in equity against appellants on the 24th day of November, 1919, to quiet their title to 120 acres of land in Clark County, Arkansas. The title of both parties is deraigned from the State, which obtained title from the United States under the Swamp Land Grant.

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Appeal from Clark Chancery Court; James D. Shave'1% Chancellor; STATEMENT OE EAOTS. Appellees brought this suit in equity against appellants on the 24th day of November, 1919, to quiet their title to 120 acres of land in Clark County, Arkansas. The title of both parties is deraigned from the State, which obtained title from the United States under the Swamp Land Grant. A patent was issued by the State to forty acres of the lands to one of the grantors of appellees on the 13th day of July, 1882, and a patent to the grantors of appellees was issued by the State to the remaining eighty acres on…

1Opinion of the CourtHart, J.

In the case of Wallace v. Hill, 135 Ark. 353, the court held that where land was sold to the State, under an overdue tax sale, and where for thirty-four years thereafter the State, through its county officers, assessed, levied, and collected taxes on said land in the name of the original owner and his successors,' it will be presumed that said land had been redeemed from the Commissioner of State Lands by the original owner.

This principle of law controls the case at bar. The overdue tax sale was had in the year 1882, and the lands were sold to the State for the taxes, penalties and costs. The…

2Cases cited2 opinions

  1. Wallace v. HillSupreme Court of Arkansas · 1918
  2. Chicago Land & Timber Co. v. DorrisSupreme Court of Arkansas · 1919

3Cited by4 opinions

  1. Townsend v. BonnerSupreme Court of Arkansas · 1943
  2. Wilson v. ChisholmSupreme Court of Arkansas · 1923
  3. Holland v. ElkinsSupreme Court of Arkansas · 1954
  4. McFarlane v. MorganSupreme Court of Arkansas · 1923

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