Martin v. Allard
Supreme Court of Arkansas
APPEAL from Garland Circuit Court in chancery. J. B. Wood, Judge. 1. By section 5782, Mansf. Digest, it is provided that in order to defeat a tax title certain fundamental defects must-be shown, among which is an entire omission to give notice,, etc. By section 5791 a two years’ limitation is provided,, within which irregularities or informalities must be set up..
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APPEAL from Garland Circuit Court in chancery. J. B. Wood, Judge. 1. By section 5782, Mansf. Digest, it is provided that in order to defeat a tax title certain fundamental defects must-be shown, among which is an entire omission to give notice,, etc. By section 5791 a two years’ limitation is provided,, within which irregularities or informalities must be set up.. By section 4246 land commissioner’s deeds are made evidence of title. 49 Ark., 266. The statute was construed in 46 Ark., 96, and it was held the statute runs from the date of sale, and that all objections, except to fundamental…
1Opinion of the Court
Cockrill, C. J-
This is a suit by Martin, the appellant, to confirm a tax title, under chapter 23 of Mansfield’s Digest. .A number of persons intervened and defended. There was a trial and the court decreed against Martin’s title. He has appealed, and the question is, ought his claim of title to be •confirmed ?
There were as many defenses as there were claimants of the land. A defense common to all was that the lands were ■not advertised for sale for non-payment of taxes for the time required by law. If that is a fact, the plaintiff’s title must fail. Townsend v. Martin, ante, p. 192.
The…
2Cases cited1 opinion
- Martin v. BarbourSupreme Court of the United States · 1891
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