Gates v. Kelsey
Supreme Court of Arkansas
Appeal from. Prairie Circuit Court in Chancery, Southern District. Grant Green,* Jr., Judge. Suit by F. Gates against C. B. Kelsey and another to quiet title to land. Defendants recovered judgment ; plaintiff has appealed. The case is stated in the opinion.
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Appeal from. Prairie Circuit Court in Chancery, Southern District. Grant Green,* Jr., Judge. Suit by F. Gates against C. B. Kelsey and another to quiet title to land. Defendants recovered judgment ; plaintiff has appealed. The case is stated in the opinion. Gates, being the owner of the land, under a tax deed valid on its face, is constructively in possession of the lands, and after two years the appellees were barred. 32 Wis. 281; 18 id. 268; 59 id. 465 ; 18 N. W. 435 ; 32 id. 478. Gates’ tax deed, after two years, is conclusive by limitation. Gantt’s Dig. sec. 4117 ; Mansf. Dig. sec. 4475 ;…
1Opinion of the CourtBatteE, J.
The appellant claims the land in controversy under a tax sale. He admits that the sale was illegal, but contends that the deed, under which he claims, shows upon its face that it was valid. The land has been wild and actually unoccupied since the sale. But he insists that he has been in the constructive possession of the same for the full period of two years before the commencement of this action, and has thereby acquiréd the title.
The statute upon which he bases his contention is as follows : ‘ ‘ No action for the recovery of any lands, or for the possession thereof against any person or…
2Cases cited17 opinions
- Lessee of Clarke v. CourtneySupreme Court of the United States · 1831
- Knox v. ClevelandWisconsin Supreme Court · 1860
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Bradley v. WestSupreme Court of Missouri · 1875
- McMillan v. WehleWisconsin Supreme Court · 1882
12 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Towson v. DensonSupreme Court of Arkansas · 1905
- Hart v. WimberlySupreme Court of Arkansas · 1927
- Connerly v. DickinsonSupreme Court of Arkansas · 1906
- Carpenter v. SmithSupreme Court of Arkansas · 1905
- Woolfork v. BucknerSupreme Court of Arkansas · 1895
10 more not listed; retrieve them via the Exa API.