Tupy v. Kocourek
Supreme Court of Arkansas
Appeal from Prairie Circuit Court. James S. Thomas, Judge. Tbe confirmation of tbe tax title should be set aside on account of fraudulent concealment of facts.
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Appeal from Prairie Circuit Court. James S. Thomas, Judge. Tbe confirmation of tbe tax title should be set aside on account of fraudulent concealment of facts. Black, Judg. § 368; 42 Ark. 638. The subsequent deed of the clerk, when by mistake the land has been sold twice, could be no bar to the first purchaser in the assertion of his claim. 2 Wall. 605; 78 Wis. 701; 128 U. S. 456; 101 U. S. 260; 25 Kas. 340; 13 Wall. 72; 91 U. S. 330; 106 U. S. 447; 30 Kas. 67. A purchaser will not be compelled to accept any other than a good title. Bisph. Eq. § 378; 28 Am. & Eng. Enc. Law, 70; 22 id. 948; 23…
1Opinion of the CourtWood, J.
This suit is upon a promissory note for $1,380 made by Tupy to Kocourek as part of the purchase price for the S. W. 5 of section 13, and the S. W. \ of section 5, township 1 north, range 5 west, in Prairie county, Arkansas. It is alleged that Kocourek owned the S. W. % of section 13, and his wife Anna the S. W. J of section 5. Upon the payment of the note, Kocourek and his wife were to execute warranty deeds to the lands mentioned. When the note was due January 1, 1895,. Kocourek and his wife made warranty deeds, tendered them to Tupy, and demanded payment of the note, which was refused, and…
2Cases cited5 opinions
- Irving v. . CampbellNew York Court of Appeals · 1890
- Sheehy v. MilesCalifornia Supreme Court · 1892
- Griffith v. MaxfieldSupreme Court of Arkansas · 1897
- Street v. FrenchIllinois Supreme Court · 1893
- Shaw v. HillSupreme Court of Arkansas · 1885
3Cited by12 opinions
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Mays v. BlairSupreme Court of Arkansas · 1915
- Hanlon v. McLainSupreme Court of Oklahoma · 1952
- Leroy v. HarwoodSupreme Court of Arkansas · 1915
- Murray v. NewsonSupreme Court of Florida · 1933
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