Edwards v. Nall

Supreme Court of Arkansas

Edwards v. Nall

137 S.W.2d 748, 200 Ark. 9, 1940 Ark. LEXIS 195

CourtSupreme Court of Arkansas

DecidedMarch 4, 1940

Docket4-5817

StatusPublished

Cited by6 cases

This text of 137 S.W.2d 748 (Edwards v. Nall) is published on Counsel Stack Legal Research, covering Supreme Court of Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Edwards v. Nall, 137 S.W.2d 748, 200 Ark. 9, 1940 Ark. LEXIS 195 (Ark. 1940).

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Opinion

McHaney, J.

This appeal is from a decree holding a tax sale invalid, made by the collector of Sevier county on November 4, 1935, at which appellant became the purchaser. The delinquent list was filed by the collector on October 14, 1935. The first publication of notice of sale was on October 24, and the second on October 31, 1935, and the sale was had on November 4. The statute governing the notice of sale and publication is § 13847, Pope’s Digest.

This statute was set out and construed in the recent case of Schuman v. Metropolitan Trust Co., 199 Ark. 283, 134 S. W. 2d 579, where an exactly similar situation existed, and the sale was held invalid on account of the insufficiency in the publication of the notice of sale. It is conceded that that case controls this, unless overruled, and a strong argument is made to this end. We decline to overrule that case, and agree that this case is ruled by that.

Affirmed.

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McHaney, J.

This appeal is from a decree holding a tax sale invalid, made by the collector of Sevier county on November 4, 1935, at which appellant became the purchaser. The delinquent list was filed by the collector on October 14, 1935. The first publication of notice of sale was on October 24, and the second on October 31, 1935, and the sale was had on November 4. The statute governing the notice of sale and publication is § 13847, Pope’s Digest.

This statute was set out and construed in the recent case of Schuman v. Metropolitan Trust Co., 199 Ark. 283, 134 S. W. 2d 579, where an exactly similar situation existed, and the sale was held invalid on account of the insufficiency in the publication of the notice of sale. It is conceded that that case controls this, unless overruled, and a strong argument is made to this end. We decline to overrule that case, and agree that this case is ruled by that.

Affirmed.

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Bluebook (online)

137 S.W.2d 748, 200 Ark. 9, 1940 Ark. LEXIS 195, Counsel Stack Legal Research, https://law.counselstack.com/opinion/edwards-v-nall-ark-1940.

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