Witherspoon v. Duncan
Supreme Court of Arkansas
Appeal from Clark Circuit Court in Chancery. Hon. Abner A. Stith, Circuit Judge. We concede that, in accordance with the decision of this court in Merrick 4’ Fenno vs. Hull, 15 Ark. 331, a sale for taxes is not vitiated by the assessment of the property to, or in the name of, one who is not the owner.
Read the full summary
Appeal from Clark Circuit Court in Chancery. Hon. Abner A. Stith, Circuit Judge. We concede that, in accordance with the decision of this court in Merrick 4’ Fenno vs. Hull, 15 Ark. 331, a sale for taxes is not vitiated by the assessment of the property to, or in the name of, one who is not the owner. And we are bound to concede.the law to be, that when land has been sold by the United States, entered and paid for by the purchaser, who receives the usual certificate, or receipt, for the purchase money, and in whose favor the usual patent certificate issues, (see the formula stated in Carroll…
1Opinion of the CourtChief Justice English
The bill in this case was filed in the Clark Circuit Court, by Henry K. Hardy, to the March term, 1856, and he having departed this life before the return term, it was afterwards revived in the names of Witherspoon and others, as his executors.
The object of the bill was to establish and quiet the title of complainant to the S. E. qr. of Sec. 23, and the S. W. qr. of Section 24, T. 8 S. R. 22 W., situate in Clark county, and to cancel a tax title held by Duncan and Flanagin to the same lands.
The cause was heard upon the pleadings, exhibits, and agreement of facts; and the bill was dismissed…
2Cases cited1 opinion
- Warrin v. . BaldwinNew York Court of Appeals · 1887
3Cited by7 opinions
- Exchange Trust Co. v. Drainage Dist. No. 7, Poinsett Cty.Supreme Court of the United States · 1929
- Belcher v. HarrSupreme Court of Arkansas · 1910
- Rose v. Stalcup, County Treas.Supreme Court of Oklahoma · 1920
- Drainage Dist. 7 Poinsett Cty. v. Exchange TrustSupreme Court of Arkansas · 1928
- Diver v. FriedheimSupreme Court of Arkansas · 1884
2 more not listed; retrieve them via the Exa API.