West v. State

• Decision Date: 10 March 1901
• Citation: West v. State, 61 S.W. 918 (Ark. 1901)
• Parties: WEST v. STATE, to Use of GRIGGS.
• Court: Arkansas Supreme Court

61 S.W. 918

WEST v. STATE, to Use of GRIGGS.

Supreme Court of Arkansas.

March 10, 1901.

Appeal from circuit court, Conway county; Jeremiah G. Wallace, Judge.

Ejectment by the state, for the use of W. J. Griggs, against Laura West. From a judgment in favor of plaintiff, defendant appeals. Reversed.

S. A. Allen, for appellant.

PER CURIAM.

This is an action of ejectment. The plaintiff, W. J. Griggs, derived title to the land from the state, and the title of the state rested upon a sale by virtue of proceedings had under the overdue tax statute. The warning order made in the overdue tax proceedings was not found to have been published as required by law, in this: that the affidavit of the publisher does not show that it was published in "a newspaper printed in the county and having a bona fide circulation therein for a period of one month next before the date of the first publication." Mansf. Dig. § 4356; Gallagher v. Johnson, 65 Ark. 90, 44 S. W. 1041. This defect in the proof of publication, as previously decided by this court, rendered the sale in the...