Schuman v. Eddy

• Decision Date: 20 November 1944
• Docket Number: 4-7465
• Citation: 184 S.W.2d 57,207 Ark. 925
• Parties: Schuman v. Eddy
• Court: Arkansas Supreme Court

184 S.W.2d 57

207 Ark. 925

Schuman v. Eddy

No. 4-7465

Supreme Court of Arkansas

November 20, 1944

Appeal from Conway Chancery Court; J. B. Ward, Chancellor.

Affirmed.

E A. Williams and A. L. Rotenberry, for appellant.

Chas C. Eddy and G. B. Colvin, for appellee.

OPINION

Holt Justice.

Appellee, Dr. J. D. Eddy, on behalf of himself and all other taxpayers and property owners similarly situated in Conway county, brought this suit to cancel and set aside a deed to 147.20 acres of land within the district executed by the secretary and president of the Bridge District on December 2, 1941, to appellant, Manie Schuman, for a consideration of $ 9.75.

Appellee alleged that title to the land in question was acquired by the Bridge District December 13, 1940, by foreclosure proceedings for the tax due on the unpaid betterment assessments for the year 1936; that the secretary and president of the Bridge District, without authority from the Board of Commissioners of the District, and for a grossly inadequate price, executed the deed, supra, to appellant, Schuman, and prayed for a cancellation of the deed. Appellant answered with a general denial. Upon a trial, the court canceled appellant's deed as prayed by appellee, and from the decree comes this appeal.

This is the second appeal in this case. The cause reached this court on the former appeal (Eddy v. Schuman, 206 Ark. 849, 177 S.W.2d 918) from a decree sustaining Mr. Schuman's demurrer to Dr. Eddy's complaint. On the former appeal, the demurrer alleged that the complaint did not state a cause of action. We held that a cause of action was stated and reversed the decree.

On remand, the cause was submitted on the same complaint and amendments of appellee as appeared on the former appeal, the answer of appellant, supra, and testimony.

The essential facts are: Appellee, Eddy, is a property owner within the Bridge District in question. The Bridge District by appropriate foreclosure proceedings obtained title to the 147.20 acres of land in question December 13, 1940, for assessments due in 1936. The secretary and president of the Bridge District executed and attempted to convey by quitclaim deed the land to appellant for a consideration of $ 9.75. The land, at the time it was sold to appellant, was worth approximately $ 1,000. June 12, 1935, the Board of Commissioners of the Bridge District in question adopted the following resolution "Whereas, foreclosure has been had on certain lands of the district for the delinquent taxes, and sale has been made and the district has purchased certain of the delinquent lands, and

"Whereas, from time to time it will be necessary for the district to execute deeds to the lands to purchasers from the district by the owners or others to clear the title, and

"Whereas certain lands of the county are in the U. S....