McWilliams v. Clampitt
| Decision Date | 28 March 1938 |
| Docket Number | 4-4989 |
| Parties | MCWILLIAMS v. CLAMPITT |
| Court | Arkansas Supreme Court |
Appeal from Columbia Chancery Court; Walker Smith, Chancellor affirmed.
Decree affirmed.
Claude E. Love, for appellant.
McKay & McKay and John T. Harley, for appellees.
This appeal is from a decree of the Columbia chancery court holding invalid the sale of a tract of land in that county for the nonpayment of the general taxes due thereon for the year 1932. It was alleged that the sale was invalid for the reason that the notice of sale had not been published for the time and in the manner provided by law, and the court so found; and, as we concur in that finding, we do not consider other defects alleged in the sale.
The notice of the tax sale was published in a local newspaper on June 1st, and again on June 8, 1933, and the sale was held on June 12, 1933.
Section 10084, Crawford & Moses' Digest, required the clerks of the several counties of this state to cause the list of delinquent lands to be published weekly for two weeks between the second Monday in May and the second Monday in June in each year. In construing this statute in the case of Thweatt v. Howard, 68 Ark. 426, 59 S.W 764, it was held (to quote a headnote in that case) that "Publication of the list of delinquent lands for eleven days before the day of sale is not a compliance with the statute which requires that such list shall be published 'weekly for two weeks.'" The case of Laughlin v. Fisher, 141 Ark. 629, 218 S.W. 199, is to the same effect.
Upon the authority of those cases it must be held that the notice of sale was published for only eleven days, and the sale must, therefore, be held invalid, if the law in force when the sale here under review was made imposed the same requirement as to notice.
The sale occurred while act 250 of the Acts of 1933 was in force. This act amended both §§ 10084 and 10085, Crawford & Moses' Digest.
Section 10084, Crawford & Moses' Digest, reads as follows:
Section 5 of act 250, supra, amended § 10084, Crawford & Moses' Digest, and reads as follows: "That § 10084 of Crawford & Moses' Digest of the statutes of Arkansas be amended so as to read as follows: 'The clerks of the several counties of this state shall cause the list of delinquent lands in their respective counties, as corrected by them, to be entered in a well-bound book, appropriately labeled, which book shall be a permanent public record, and open to the inspection of the public at all times.'"
It will be observed that this § 5 of act 250 did not re- enact the provision of § 10084, Crawford & Moses' Digest as to the time of publication, but § 6 of act 250 reads in part as follows: "That § 10085, Crawford & Moses' Digest, of the statutes of Arkansas be amended so as to read as follows: 'There shall be published once weekly for two weeks between the second Monday in May and the second Monday in June, in each year, in any county publication qualified by law, a notice to the effect that the delinquent lands, tracts, lots or...
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Leigh v. Hall
...we have repeatedly held that when a statute states a number of days for publication such provision is mandatory. In McWilliams v. Clampitt, 195 Ark. 908, 115 S.W.2d 280, the statute required the notice to be published weekly for two weeks before the sale. Notice was published on June 1st an......
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Berry v. Davidson
... ... Edwards v. Lodge, 195 Ark. 470, 113 S.W.2d ... 94; Union Bank & Trust Co. v. Horne, 195 ... Ark. 481, [199 Ark. 280] 113 S.W.2d 1091; McWilliams ... v. Clampitt, 195 Ark. 908, 115 S.W.2d 280, as well ... as the case that has been perhaps cited more frequently than ... any other since it was ... ...
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Berry v. Davidson, 4-5668.
...are Edwards v. Lodge, 195 Ark. 470, 113 S.W.2d 94; Union Bank & Trust Co. v. Horne, 195 Ark. 481, 113 S.W.2d 1091; McWilliams v. Clampitt, 195 Ark. 908, 115 S.W.2d 280, as well as the case that has been perhaps cited more frequently than any other since it was announced, that is Carle v. Ge......
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Sanderson v. Walls, 4-5943.
...12th. The notice was, therefore, published for the time and in the manner required by law. Page 118 The case of McWilliams v. Clampitt, 195 Ark. 908, 115 S.W.2d 280, 282, is not to the contrary. That case involved a tax sale made in Columbia County, and, like the instant case, was a sale fo......