Baum v. Yarberry

• Decision Date: 08 December 1947
• Docket Number: No. 4-8352.,4-8352.
• Citation: 206 S.W.2d 190
• Parties: BAUM et al. v. YARBERRY et al.
• Court: Arkansas Supreme Court

206 S.W.2d 190

BAUM et al. v. YARBERRY et al.

No. 4-8352.

Supreme Court of Arkansas.

December 8, 1947.

Appeal from Pulaski Chancery Court; Frank H. Dodge, Chancellor.

Ejectment by Robert Baum and others against J. A. Yarberry and others. The suit was transferred to chancery court and consolidated with a confirmation suit brought by the State. From an adverse decree, plaintiffs appeal.

Affirmed.

Joe Schneider and Glenn F. Walther, both of Little Rock, for appellants.

Malcolm W. Gannaway and Robert M. Gannaway, both of Little Rock, for appellees.

ROBINS, Justice.

This appeal involves validity of two deeds executed by the State Land Commissioner — one dated August 28, 1939, conveying forty acres to appellee, J. A. Yarberry, and the other of the same date conveying forty acres to A. F. Yarberry. These lands, situated in Pulaski County, had been forfeited and sold to the state for non-payment of taxes of 1935.

Appellants assert title by inheritance from their deceased mother, who was the owner when these lands were sold to the state.

It is conceded that the delinquent tax sale held in Pulaski County in 1936 was void, having been so adjudged by us in the case of Schuman v. Metropolitan Trust Company, 199 Ark. 283, 134 S.W.2d 579.

But the contention of appellees, upheld by the lower court, is that, since they entered into possession immediately upon receiving their respective deeds from the Land Commissioner in 1939 and thereafter for more than two years remained in possession thereof, they have acquired good title under the provisions of Section 8925, Pope's Digest.

The state of Arkansas on January 21, 1939, instituted suit in the chancery court to confirm its title to the lands involved herein as well as to other lands forfeited and sold to the state for taxes. On April 22, 1940, appellants and other heirs of Henrietta Baum, who died on January 9, 1940, filed an intervention in the state's confirmation suit, and, having discovered that appellees, J. A. Yarberry and A. F. Yarberry, were in possession of the land, they amended their intervention on December 10, 1941, and made the Yarberrys parties defendant.

While the controversy between appellants and the Yarberrys was pending in the chancery court, appellants, on February 22, 1946, instituted an ejectment suit against said appellees and against the appellees Stonecipher and Spann, who had purchased certain portions from the Yarberrys, asking judgment for these lands and for an ascertainment of the amount due for improvements placed on the land by appellees. This suit was transferred to the chancery court and consolidated with the confirmation suit.

The chancery court on November 10, 1942, on motion of the state, dismissed the state's confirmation suit in so far as it involved these lands; but the controversy between appellants and appellees was not tried until May 26, 1947, when the lower court decreed that appellees were owners of the respective tracts claimed by them.

It was shown conclusively that the Yarberrys entered into possession of the two tracts on August 29, 1939, made improvements thereon and they and their grantees had thereafter and for more than two years remained in possession.

It is apparent that neither the title nor peaceful possession of appellees was in any manner challenged until December 10, 1941, when they were made parties to appellants'...