State v. Swann

<p>1. DxJE Pr-ocess of ^aw — Taxation—Forfeiture—Constitutional Law.</p> <p>Section 6 of Art. XIII of the Constitution of this State, providing for the forfeiture of lands for the nonentry thereof for five successive years after the year 1869, is not in violation of the fourteenth amendment of the constitution, restraining states from depriving any person of life, liberty, or property, without due process of law. (p. 132, 137).</p> <p>2. Constitutional Law — Taxation—Forfeiture—Non-entry.</p> <p>Although said section of the Constitution provides for the forfeiture of lands containing one thousand acres or more, it does not limit such forfeiture to tracts of land of one thousand acres or more in quantity; and the act of 1873, providing for the forfeiture of a less number of acres than one thousand, for nonentry upon the land books, is merely cumulative, and not inhibited by said section of the Constitution, (p. 133, 134).</p> <p>3. Taxation — Forfeiture—Non-entry.</p> <p>In such cases failure to enter and pay taxes due on land for five successive years, as required by statute, caused the forfeiture of such land to become complete and absolute, and no inquisition, judicial proceeding', or inquest or finding-of any kind was necessary to consummate such forfeiture, (p. 136).</p>