Staley v. Leomans
Supreme Court of Arkansas
APPEAL from Jackson Circuit Court. J. W. Butler, Judge. Appellants brought ejectment for certain land. The testimony showed that in 1882 they purchased it from the clerk for the taxes, under the unconstitutional act of March 14, 1879; that in 1885 they procured a deed from the commissioner of state lands which defectively described the land; that the land was assessed for 1883 in their names and forfeited for taxes; that they procured an agent to purchase the land at the…
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APPEAL from Jackson Circuit Court. J. W. Butler, Judge. Appellants brought ejectment for certain land. The testimony showed that in 1882 they purchased it from the clerk for the taxes, under the unconstitutional act of March 14, 1879; that in 1885 they procured a deed from the commissioner of state lands which defectively described the land; that the land was assessed for 1883 in their names and forfeited for taxes; that they procured an agent to purchase the land at the collector’s sale and took a deed for it in their own names; that defendants were in possession of the land. The court held…
1Opinion of the CourtCockrill, C. J.
i. Tax-purchase 'by claimant un'der prior void tax The defendants were the owners and
in possession of the land in suit enjoying the rents and profits when the land was assessed and sold for non-payment of taxes. It was their duty therefore to the State and to adverse claimants of the title to pay the taxes. Guynn v. McCauley, 32 Ark., 97, and cases cited. The plaintiffs were out of possession claiming title under tax deeds void on their face. They were under no legal obligations to the State or the defendants to pay the taxes. Nor did the naked fact that the lands had been assessed to them…
2Cited by3 opinions
- Swan v. RaineySupreme Court of Arkansas · 1894
- Collier v. SmithSupreme Court of Arkansas · 1918
- Palmer v. Ozark Land Co.Supreme Court of Arkansas · 1905