Martin v. McDiarmid
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. From appellant’s abstract it appears that R. W. Martin filed his petition, under chap. 23 of Mansf. Dig., for confirmation of a tax title to certain lots in the city of Little Rock, derived through a deed to his grantor from the land commissioner.
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APPEAL from Pulaski Chancery Court. From appellant’s abstract it appears that R. W. Martin filed his petition, under chap. 23 of Mansf. Dig., for confirmation of a tax title to certain lots in the city of Little Rock, derived through a deed to his grantor from the land commissioner. The deed, which was executed in 1886, purported to convey all the State’s right, title, interest and •claim to the land, and recited a forfeiture for the taxes of 1882. McDiarmid contested the confirmation upon grounds stated in the opinion, claiming title to certain of the lots through a similar deed from the…
1Opinion of the CourtCockrill, C. J.
1. Tax sale upon insufficient notice is void. It is immaterial to the appellant whether the tax title which he sought to have confirmed is based upon a forfeiture for the taxes of 1877, or upon the sale had in 1883 for the taxes of 1882. If it is for the latter, as his deed from the land commissioner recites, it fails, because it is shown that the notice of sale in Pulaski county for nonpayment of taxes in 1883 was published for only eleven days. That avoids the deed. Townsend v. Martin, ante, p. 192.
2. Presumption as to judgIf the claim of title rests upon a forfeiture for the taxes of 1877,…
2Cases cited1 opinion
- Galpin v. PageSupreme Court of the United States · 1874
3Cited by15 opinions
- Cadman v. SmithSupreme Court of Oklahoma · 1905
- State Ex Rel. Gillespie v. ThursbySupreme Court of Florida · 1932
- Western Union Telegraph Co. v. FreemanSupreme Court of Arkansas · 1915
- Laughlin v. FisherSupreme Court of Arkansas · 1920
- Indiana & Arkansas Lumber & Mfg. Co. v. BrinkleyCourt of Appeals for the Eighth Circuit · 1908
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