Jackson v. Boyd
Decision Date | 29 April 1905 |
Citation | 87 S.W. 126,75 Ark. 194 |
Parties | JACKSON v. BOYD |
Court | Arkansas Supreme Court |
Appeal from Ashley Chancery Court, MARCUS L. HAWKINS, Judge.
Reversed.
STATEMENT BY THE COURT.
W. S Jackson, Sr., entered the lands in controversy, and died without disposing of them, and leaving the appellants his heirs at law.
They filed a complaint in Ashley Chancery Court, alleging that the appellees, defendants therein, had a title based on an overdue tax decree which was void for reasons stated in the complaint. They further alleged that the lands were unoccupied and in the actual possession, of no one, and prayed the amount of taxes, penalty and costs and interest due the defendants be ascertained, and that they be permitted to pay the same and redeem the lands, and the tax title be cancelled. The defendants answered, alleging the validity of the tax sale, and in the alternative alleging that the plaintiffs were barred by laches from maintaining the suit. The case was tried on the following agreed statement of facts:
The court found that the plaintiffs' claim was stale, barred by laches and without equity, and decreed accordingly.
The plaintiffs appealed.
Decree reversed and cause remanded.
Robert E. Craig, for appellants.
Appellants are not barred by laches. 70 Ark. 261; 50 Ark. 390; 71 Ark. 310.
Pugh & Wiley, for appellees.
Plaintiffs' claim is stale and barred by laches. 2 Wall. 87; 106 U.S. 391; 124 U.S. 183; 21 Wall. 178; 55 Ark. 94; 143 U.S. 553; 60 Pa.St. 124; 145 U.S. 368; 21 Col. 309; 14 Col. 90; 158 U.S. 416; 99 Ia. 73; 143 U.S. 553; 106 U.S. 391; Bisp. Eq. 59; 130 U.S. 43; 41 Ark. 301; 62 Ga. 718; 42 Ark. 289; 64 Ark. 345; 83 Ia. 441; 19 Ark. 21; 67 Ark. 320; 63 Tex. 213; 17 Enc. Pl. & Pr. 360. The chancellor, having exercised his discretion, this court will not disturb his decision. 12 Enc. Pl. & Pr. 839; 121 N.Y. 69; 97 Cal. 155; 35 Ark. 137; 55 Ark. 85; 117 Cal. 215. The tax forfeiture and overdue tax sale, though voidable, were cured by lapse of time. 46 Ark. 96; 94 U.S. 159; 50 Ark. 390; 67 Ark. 320; 155 U.S. 314; 158 U.S. 416.
OPINIONHILL, C. J., (after stating the facts.)
For thirteen years the appellees paid taxes on the lands in controversy, holding the same under a deed based on a void overdue tax decree. The appellants were adults, and living in the county during that time. After said lapse of time they brought a bill in equity to redeem from said void sale and previous void tax forfeitures. The sole question is whether they are barred by laches; no other obstacle is sought to be placed in the way of their recovery.
There could be no action on the facts here to recover possession, for the possession was always with the legal title, not the void tax title. This action is merely to remove the liens created by the payment of taxes, and as a result thereof clear the title of the clouds engendered thereby. Appellees invoke the doctrine of Gibson v. Herriott, 55 Ark. 85, 17 S.W. 589, and Hoyt v. Latham, 143 U.S. 553, 36 L.Ed. 259, 12 S.Ct. 568.
Equity will not permit a party whose duty it is to act to wait and let the future determine whether the property is sufficiently valuable to assume burdens and rights otherwise discarded. In this case there is no evidence as to the increase in value and there is no situation presented requiring action on part of the appellants. Until there is an interference with possession, there is no occasion for action, and payment of taxes by another is not sufficient of itself to call for action. Penrose v. Doherty, 70 Ark. 256, 67 S.W. 398. The bare lapse of time will not cure defects in an invalid tax...
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Burbridge v. Bradley Lumber Co.
... ... In permitting an appellant named Jackson to prevail over Boyd and others, who had paid taxes for thirteen years under a deed based on a void overdue tax decree, this Court, in an opinion by ... ...
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Williams v. Bennett
... ... of evidence by lapse of time, or other equitable ground to ... invoke estoppel by laches. Jackson v. Boyd, ... 75 Ark. 194, 87 S.W. 126. There is no evidence here of the ... increase in the value, and the same argument is made here as ... in ... ...
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Burbridge v. Bradley Lumber Co., of Arkansas
... ... character entitling the claimant to invoke the Act's ... benefits ... In ... permitting an appellant named Jackson to prevail over Boyd ... and others, who had paid taxes for thirteen years under a ... deed based on a void overdue tax decree, this Court, in an ... ...