Legal Opinion

Gavin v. Ashworth

Supreme Court of Arkansas

Decided December 9, 1905PublishedCited by 7 opinions

Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; statement by the court. Mrs. Gavin was the owner of land in St. Francis County, Arkansas. In 1895 W. R. Kendrick, as collector for and in behalf of the Board of Directors of the St. Francis Levee District, brought an action in the chancery court of St. Francis County to recover levee taxes alleged to be due on the land.

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Appeal from St. Francis Circuit Court; Hance N. Hutton, Judge; statement by the court. Mrs. Gavin was the owner of land in St. Francis County, Arkansas. In 1895 W. R. Kendrick, as collector for and in behalf of the Board of Directors of the St. Francis Levee District, brought an action in the chancery court of St. Francis County to recover levee taxes alleged to be due on the land. In June, 1895, the court rendered a decree declaring the taxes to be due on the land, and ordering the land sold to pay the same. The land was on July 6, 1895, sold by the clerk and commissioner of the court under…

1Opinion of the Court

Riddick, J.,

(after stating the facts.) This is an appeal from a judgment in favor of defendants in an action of ejectment. The evidence showed that the defendants purchased the land at a sale under a valid decree rendered against the land, condemning it to be sold for the payment of levee taxes. The sale was duly confirmed. Afterwards plaintiff attempted to redeem the land by paying the taxes to the commissioner who made the sale, but under the law at'that time she had no right to do so, and this payment to the commissioner did not affect the rights of the defendants. Banks v. Directors of…

2Cases cited2 opinions

  1. Kessinger v. WilsonSupreme Court of Arkansas · 1890
  2. Alexander v. HardinSupreme Court of Arkansas · 1891

3Cited by7 opinions

  1. Gaither v. GageSupreme Court of Arkansas · 1907
  2. Hart v. WimberlySupreme Court of Arkansas · 1927
  3. Brasch v. MumeySupreme Court of Arkansas · 1911
  4. Johnson v. TaylorSupreme Court of Arkansas · 1919
  5. Doe v. RoeSuperior Court of Delaware · 1933

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