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14-123-415. Decree — Sale of land.
Arkansas Code — all titles (historical 2020) · legal_authorities
14-123-415. Decree — Sale of land.
(a) In all cases where notice has been properly given as set out in § 14-123-413 and where no answer has been filed, or, if filed and the cause decided for the plaintiff, the court by its decree shall:
(1) Grant the relief as prayed in the complaint;
(2) Direct the commissioner to sell the land described in the decree at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest bidder for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper published in the county, if there is one. If no newspaper is published in the county, then the advertisement shall be published in some newspaper of an adjoining county. The advertisement may include all the lands described in the decree.
(b) If all of the lands be not sold on the day as advertised, the sale shall be continued from day to day until completed.
(c) The commissioner shall by proper deeds convey to the purchasers the lands so sold, and the titles to the lands shall thereupon become vested in the purchasers as against all others whomsoever, saving to infants and insane persons having no guardians or curators, but who now have the rights by law to appear and except to the proceedings within twelve (12) months after their disabilities are removed.
(d) In any case where lands are offered for sale by the commissioner as provided by this act, and the sum of the assessment due, together with interests, costs, and penalty, is not bid for the lands, the commissioner shall bid the lands off in the name of the plaintiff levee district, bidding therefor the whole amount due as aforesaid, and shall execute his deed therefor, as in all other cases under this act, conveying the lands to the p
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-123-415
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Stable record: arkansas_code:legal_authorities:14-123-415
Source file: gov.ar.code.title.14.odt
Pages: Not recorded – Not recorded
Passage SHA-256: af1288aae88627cd7d38e5a2512f1f724844c288da5ce79f9888952d796fbdf9
Source location: content.xml paragraph 32815
Stored source content
14-123-415. Decree — Sale of land.
(a) In all cases where notice has been properly given as set out in § 14-123-413 and where no answer has been filed, or, if filed and the cause decided for the plaintiff, the court by its decree shall:
(1) Grant the relief as prayed in the complaint;
(2) Direct the commissioner to sell the land described in the decree at the courthouse door of the county wherein the decree is entered, at public outcry, to the highest bidder for cash in hand, after having first advertised the sale weekly for two (2) weeks, consecutively, in some newspaper published in the county, if there is one. If no newspaper is published in the county, then the advertisement shall be published in some newspaper of an adjoining county. The advertisement may include all the lands described in the decree.
(b) If all of the lands be not sold on the day as advertised, the sale shall be continued from day to day until completed.
(c) The commissioner shall by proper deeds convey to the purchasers the lands so sold, and the titles to the lands shall thereupon become vested in the purchasers as against all others whomsoever, saving to infants and insane persons having no guardians or curators, but who now have the rights by law to appear and except to the proceedings within twelve (12) months after their disabilities are removed.
(d) In any case where lands are offered for sale by the commissioner as provided by this act, and the sum of the assessment due, together with interests, costs, and penalty, is not bid for the lands, the commissioner shall bid the lands off in the name of the plaintiff levee district, bidding therefor the whole amount due as aforesaid, and shall execute his deed therefor, as in all other cases under this act, conveying the lands to the plaintiff levee district. The deed, when duly executed in conformity with the provisions of this act and recorded shall be received as evidence in all cases showing an indefeasible title in the purchasers, unassailable either in law or equity.
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Arkansas Code — all titles (historical 2020) · legal_authorities
14-123-413. Notice of pending suit generally.
(a) Notice of the pendency of the suit shall be given as against nonresidents of the county and unknown owners, respectively, when the suits may be pending, by publication weekly for four (4) weeks prior to the day of the term of court on which final judgment may be entered for the sale of the land, in some newspaper published in the county, where the suit may be pending, which public notice may be in the following form:
“NOTICE Levee District vs. Delinquent Lands The following named persons and corporations and all others having or claiming an interest in the following described lands, are hereby notified that suit is pending in the Chancery Court of County, Arkansas, to enforce the collection of certain levee assessments on the subjoined list of lands, each supposed owner's lands being set opposite his or her or its name, respectively, together with the amount severally due from each, to wit: (Then shall follow a list of supposed owners, with descriptive list of said lands and amounts due thereon, respectively, as aforesaid). Said public notice may be concluded in the following form: Said persons and corporations and all others interested in said lands are hereby notified that they are required by law to appear and make defense to said suit, or the same will be taken for confessed, and final judgment will be entered directing the sale of said lands for the purpose of collecting said levee assessments, together with the payment of interest, penalty, and costs allowed by law. Clerk of said Court.”
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(b) Where the owners are unknown, that fact shall be so stated in the published notice.
(c) As against any defendant who resides in the county where the suit may be brought and who appears by the li
Source: Arkansas Code — historical release 78 (November 6, 2020) · 14-123-413
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. The source passage cites 14-123-413. This identifies an authority to review, not proof of applicability.