Quertermous v. Walls
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. W. T. Wooldridge, Special Chancellor. Mrs. A. B. Quertermous brought suit March 16, 1898, against Thomas Walls, to recover possession of a tract of land. Defendant claimed title under a donation deed, bearing date January 14, 1898, and based on a tax forfeiture in 1891, and also pleaded the two years' statute of limitation (Sand. & H. Dig., § 4819). The cause was transferred to equity, where a decree was entered for defendant.
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Appeal from Arkansas Chancery Court. W. T. Wooldridge, Special Chancellor. Mrs. A. B. Quertermous brought suit March 16, 1898, against Thomas Walls, to recover possession of a tract of land. Defendant claimed title under a donation deed, bearing date January 14, 1898, and based on a tax forfeiture in 1891, and also pleaded the two years' statute of limitation (Sand. & H. Dig., § 4819). The cause was transferred to equity, where a decree was entered for defendant. The facts sufficiently appear in the opinion. Fraud of the donee in obtaining possession entitles the appellant to be placed 'in…
1Opinion of the CourtWood, J.
The appellee admitted that the tax sale records show that the delinquent list was filed by the deputy sheriff, instead of the collector; that the certificate of the clerk of the publication of the delinquent list does not recite that the papers in which the delinquent list was published had a bona fide circulation in the county for thirty da}rs before the first issue of publication; and that there was no separate book wherein a record of the said tax sales was entered kept by the clerk of Arkansas county prior to 1894. These admissions show that the forfeiture for taxes and the donation deed…
2Cases cited6 opinions
- Cooper v. Freeman Lumber Co.Supreme Court of Arkansas · 1895
- Logan v. Eastern Arkansas Land Co.Supreme Court of Arkansas · 1900
- McCann v. SmithSupreme Court of Arkansas · 1898
- Crowell v. BarhamSupreme Court of Arkansas · 1893
- Keith v. FreemanSupreme Court of Arkansas · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- First Nat. Bank of Giddings v. Lee County Cotton Oil Co.Texas Commission of Appeals · 1925
- Berry v. DavidsonSupreme Court of Arkansas · 1939
- Leigh v. TrippeSupreme Court of Arkansas · 1909
- Standard Securities Co. v. Republic Mining & Manufacturing Co.Supreme Court of Arkansas · 1944
- Pride v. GistSupreme Court of Arkansas · 1922
5 more not listed; retrieve them via the Exa API.