Neal v. Andrews

• Citation: 14 S.W. 646
• Parties: NEAL v. ANDREWS. GREER v. CASE.
• Decision Date: 18 October 1890
• Court: Supreme Court of Arkansas

14 S.W. 646

NEAL v. ANDREWS.

GREER v. CASE.

Supreme Court of Arkansas.

October 18, 1890.

Appeal from circuit court, Cleburne county; J. W. MARTIN, Judge.

W. R. Cody and U. M. & G. B. Rose, for appellants. Samuel W. Williams and J. P. Woods, for appellees.

HUGHES, J.

In these cases the appellees brought suits in ejectment to recover lands described in their respective complaints, and relied for title upon deeds to themselves made by the state land commissioner upon forfeitures of the lands to the state, under the overdue tax act, approved March 12, 1881. The answers to the complaints admitted the sales under the overdue tax act, and averred that no title passed to the state thereunder, because there was no confirmation of the sales by the chancery court under decree of which they were made, and urged other grounds against the legality and validity of the sales, two of which were that the overdue tax act was unconstitutional, (which we do not propose to discuss here,) and that no deeds for the lands were made to the state, as required by the act. Demurrers were interposed to the answers, and sustained. Appellants appealed to this court, from the judgments sustaining the demurrers.

We do not think the objection that no deeds were made to the state for the land sold under the decree was tenable. The twelfth section of the "overdue" tax act provides that, "in case no one shall bid at such sale, the commissioner shall strike off said lands to the state, and shall certify that fact to the clerk of the county, who shall file such certificate in his office, and shall send a certified copy thereof to the commissioner of state lands and also to the auditor." This seems to be the only evidence of a sale to the state which was required by the act to be furnished to the commissioner of state lands; and the act, in our opinion, did not contemplate that, in case of a sale to the state, a deed should be made for the lands, as in case of a sale to an individual, as required by section 15 of said act, in which the form of a deed to an individual is prescribed. The act prescribed no form for deed to the state.

As to the necessity for confirmation of the sales by the chancery court under the decree of which they were made, section 14 of the act required that the commissioner making such sale should at once report his proceedings to the court, and file the report in the office of the clerk of the court, and that the report should stand open for exceptions for 30 days, unless the...