Hardie v. Bissell

• Decision Date: 24 February 1906
• Citation: 94 S.W. 611
• Parties: HARDIE v. BISSELL et al.
• Court: Arkansas Supreme Court

Page 611

94 S.W. 611

HARDIE v. BISSELL et al.

Supreme Court of Arkansas.

February 24, 1906.

Appeal from Chicot Chancery Court; Marcus L. Hawkins, Chancellor.

Action by the Mississippi River Valley, Hamburg & Western Railway Company against William T. Hardie. Answer and cross-complaint filed by S. S. Bissell. From a judgment against defendant, he appeals. Affirmed.

In 1897 the state granted to the Mississippi River Valley, Hamburg & Western Railway Company certain lands which had been forfeited to the state for nonpayment of taxes. Among the lands granted were the following tracts: W. ½ of the W. ½ of section 4, township 16 S., range 3 W., 160 acres; W. ½ of section 28, township 16, range 3 W., 320 acres. Afterwards the railway company brought an action in the Chicot chancery court to confirm title to such land. The company alleged that it was the owner of the lands, and that they were wild and unimproved and unoccupied. One Wm. T. Hardie entered his appearance to the action and filed a demurrer to the complaint. Thereupon S. S. Bissell appeared and filed an answer and cross-complaint, in which he set up a chain of title to the land from the government throught mesne conveyances to himself. He also alleged that he had purchased the interest of the railway company in the land and had received a conveyance from it, and the railway company had no interest in the land. He also, in response to the allegation contained in the pleading filed by Hardie, denied that Hardie was the owner of the land. Bissell further alleged that he and those under whom he claimed title had paid taxes on the lands continuously for more than seven years, and that three of the payments were made after the passage of the act of 1899 for the protection of those who pay taxes on land. He asked a judgment confirming and quieting his title to the land. Hardie afterwards filed what is designated as an answer to the complaint of the railway company. In this answer he alleged that the tax forfeiture to the state, under which the railway company claimed the land, was void for defects in the tax procedure, on which the forfeiture was based. He set up title in himself by virtue of a tax sale for the nonpayment of the taxes for 1868, and also under a purchase by one D. H. Reynolds at an overdue tax sale, and by mesne conveyances from Reynolds to himself. He further alleged that he and his grantors had "paid the taxes on said lands for more than seven years before the institution of this suit, three of which payments have been made since the 18th day of March, 1899." The answer winds up with a prayer that the title of defendant be quieted, but that, in case his title be found to be invalid, that the defendant have a decree for money paid for taxes and interest. Hardie also filed a demurrer to the cross-complaint of Bissell, which was overruled. The record also recites the following: "On this day is filed exceptions of defendant to reading any record not called for or referred to in complaint of Bissell attacking validity of deeds of defendant Hardie. Whereupon the court sustained the exceptions and overrules demurrer to cross-complaint of Bissell, and permits him to plead to the answer of defendant Hardie such defects of title as he shall find to exist." On the hearing the chancellor found that the lands were wild and unimproved, and that the title thereto was in the intervener, S. S. Bissell. He further found that Bissell had paid the taxes on the land continuously for more than seven years next before the bringing of this suit, and that at least three of such payments had been made since the passage of the act of 1899, intended for the protection of those who pay taxes on unimproved lands. He therefore gave judgment in favor of Bissell quieting his title, but declared a lien on the lands in favor of Hardie for amount of all taxes paid by him and directed a commissioner to ascertain and report the amount of such taxes. Hardie appealed.

Baldy Vinson, for appellant. Knox & Hardy, for appellees.

RIDDICK, J. (after stating the facts).

This is an appeal from a judgment of the chancery court of Chicot county declaring the title to certain lands in that county to be in S. S. Bissell, and quieting his title thereto against the claims of the defendant W....