Appeal from Polk Chancery Court; James D. Shaver, Chancellor;

STATEMENT BY THE COURT.

This suit was begun in the circuit court, the appellee alleging in his complaint that he was the owner of the lot in controversy by virtue of a deed from the Commissioner of State Lands, executed June 22, 1907, and that the lands were forfeited for the non-payment of the taxes for the year 1904. He alleges that appellants were in the unlawful possession of the lot, prays that he may have possession, etc., and exhibits his deed with the complaint.

The appellants answered, denying appellee’s title, alleging that the lands were wrongfully and through the fraudulent connivance of appellee returned as delinquent, setting up title through a deed from one W. H. Tobin and possession thereunder. The answer was made a cross complaint, and alleged for matters of cross complaint the following:

“That on the......day of. May, 1905, and within the time m which said taxes upon said property could be paid for the year of 1904, the defendant, Edna E. Barringer, went to the office of the collector for Polk County, Arkansas, and there in said office exhibited to said collector a description of said property and tendered and offered to pay the taxes thereon, but that she was informed that said taxes had been paid.

“4. That in the year of 1906 the defendants were residing at Heavener, I. T., and that prior to the first day of June, of said year, the defendant T. O. Barrington mailed from said point to the collector of taxes at Mena, Polk County, Arkansas, an express money order for the sum of four dollars and fifty cents ($4.50) to pay the taxes for 1905 on said lot. That said letter was not returned to him nor was any credit given him for said amount by said collector.

“5. That on the 6th day of June; 1907, he paid to the collector the sum of $4.12, on which a penalty of 30c was charged and collected of him as will appear by the receipt hereto attached and marked ‘Exhibit B’ and by the payment of said taxes and penalty defendant believed that said lot was clear, and that nothing further as taxes was required.

“6. Defendants are informed and believe that the plaintiff was acting with and for the collector of taxes for Polk County, Arkansas, at the time the defendant, Edna E. Barringer, offered to pay the taxes for the year of 1904 as above set forth, and charges the truth to be that he either himself fraudulently concealed the truth, or was instrumental in having a misrepresentation of the condition of said lot as to the payment of the taxes thereon made to her.

“7.. That at the date said lands were bid in for the State, and prior thereto, the said plaintiff was a deputy collector for said county, and well knew of the efforts that said defendants had made to pay said taxes for the year of 1904, and two years next thereafter.

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