Public-domain · open source
OpenJurist

68 Ark. 160

Nevada County v. Dickey

Supreme Court of Arkansas

Decided April 28, 1900

Supreme Court of Arkansas · decided 1900-04-28

Joel D. Conway, Judge. STATEMENT BY THE COURT. The appellee bought of the state, through the state land commissioner, forty acres of land at $1.25 per aere, and received a deed therefor from the land commissioner, which conveyed to him whatever interest the state had in the land. The land had been certified to the land commissioner as forfeited to the state for the nonpayment of taxes. It proved to be United States government land, not subject to taxation.

Relies on Scott v. Mills · Granger v. Pulaski County

Good law ✅— No negative treatment on recordhow we know

Decided 1900-04-28

How this case has been cited

Cited by 4 later decisions — most recently December 1930

1 federal appellate · 3 state decisions

101900191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

Hughes, J.,

¶1(after stating the facts.) We find no provision in our statute authorizing the county to refund the purchase money of lands sold by the state, the title to whieh has failed by reason of the fact that the land was forfeited to the state upon an assessment of it for taxation whieh was void. Sections 6700, 6701, Sand. & H. Dig., do not apply to this case. The state did not warrant the title, and gave only a quitclaim deed to The land. Section 4569, San dels & Hill’s Digest, same as section 4246 Mansfield’s Digest, referred to in the ease of Scott v. Mills, 49 Ark. 275.

¶2Under a quitclaim deed a grantee cannot recover the purchase money, upon failure of title. 3 Kerr on Real Property, p. 322. It is sometimes thought that in such case the grantee has or should have strong equities to have his purchase mon-ry money refunded. While this may be so, there is no provision of law allowing it. Counties have been said to be “quasi corporations possessing no power and incurring no obligations save those especially conferred or imposed by statute.” Granger v. Pulaski County, 26 Ark. 39.

¶3The judgment of the circuit court is reversed, and the action is dismissed.

/68/ark/160 · .json · Public domain