Burbridge v. Gotsch
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; Z. T. Wood, Chancellor; 1. The confirmation decrees are void for want of jurisdiction. The statute, Kirby’s Digest, § § 661 to 675, inclusive, prescribes minutely the whole procedure for confirming a defective tax title. A valid confirmation can only be had “by pursuing the rules hereinafter prescribed.”
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Appeal from Bradley Chancery Court; Z. T. Wood, Chancellor; 1. The confirmation decrees are void for want of jurisdiction. The statute, Kirby’s Digest, § § 661 to 675, inclusive, prescribes minutely the whole procedure for confirming a defective tax title. A valid confirmation can only be had “by pursuing the rules hereinafter prescribed.” Id., § 661. One of these rules is, that “the purchaser, or the heirs and legal representatives of purchasers ’ ’ shall publish notice for six weeks in succession in some newspaper, etc. Id., % 662. A notice published by the clerk or by the attorney of the…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellants in the chancery court of Bradley County against appellees, in which it is sought to vacate two decrees of said chancery court rendered at the January term, 1907, confirming certain tax sales under which .appellees claim title to the lands described in the decrees.
The validity of the two decrees is challenged on the grounds (1) that the court did not acquire jurisdiction of the subject-matter; (2) that the decrees were rendered in vacation, and (3) that they were obtained by fraud practiced by the attorneys for the petitioner, Emma Gotsch.
The case was…
2Cases cited6 opinions
- Boynton v. AshabrannerSupreme Court of Arkansas · 1905
- Porter v. DooleySupreme Court of Arkansas · 1898
- Terry v. LogueSupreme Court of Arkansas · 1911
- Fiddyment v. BatemanSupreme Court of Arkansas · 1910
- Johnson v. LesserSupreme Court of Arkansas · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Gulley v. BuddSupreme Court of Arkansas · 1945
- Dunn v. BradleySupreme Court of Arkansas · 1927
- Stover v. RobinsonSupreme Court of Arkansas · 1920
- Dodd v. HoldenSupreme Court of Arkansas · 1943
- Gulley v. BuddSupreme Court of Arkansas · 1945