Carmical v. Arkansas Lumber Co.
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. Ollie Carmicai, by her guardian, and Emma Drummond, brought suit against appellee to remove the cloud from their title to the west one-half, northwest quarter, section 31, township 15 south, range 10 west,74.37 acres of wild and unimproved lands in Bradley County, Arkansas, and . cancel a deed from the State, conveying same, as forfeited tax lands, to appellee.
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Appeal from Bradley Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. Ollie Carmicai, by her guardian, and Emma Drummond, brought suit against appellee to remove the cloud from their title to the west one-half, northwest quarter, section 31, township 15 south, range 10 west,74.37 acres of wild and unimproved lands in Bradley County, Arkansas, and . cancel a deed from the State, conveying same, as forfeited tax lands, to appellee. They claim the lands as the surviving heirs of H. M. Edrington, their father, who acquired the title thereto by patent from the United States…
1Opinion of the Court
Kirby, J.,
(after stating the facts). It is undisputed that the lands are unimproved and uninclosed, and have been since they were acquired by plaintiff’s ancestor from the Government; also that Ollie Carmical and Emma Drummond acquired all the title of their ancestor to the land. Neither is it contended that the lands were not forfeited to the State, as alleged, nor that the tax sales are not void. The sole question for determination is whether appellant can be barred by laches from the assertion of her claim to this land, the lumber company not having paid taxes thereon under color of title…
2Cases cited3 opinions
- Tatum v. Arkansas Lumber Co.Supreme Court of Arkansas · 1912
- Osceola Land Co. v. HendersonSupreme Court of Arkansas · 1907
- Fordyce v. VickersSupreme Court of Arkansas · 1911
3Cited by20 opinions
- Baxter v. YoungSupreme Court of Arkansas · 1959
- Sharpp v. StodghillSupreme Court of Arkansas · 1935
- Keeler v. McNeirSupreme Court of Oklahoma · 1939
- Jones v. BrownSupreme Court of Arkansas · 1947
- Jones v. McNabbSupreme Court of Oklahoma · 1938
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