Pinkert v. Clark
Docket: 5-3566
Court: Supreme Court of Arkansas; April 26, 1965; Arkansas; State Supreme Court
Appellants Pinkert and Schuman sought to invalidate a tax sale of their property, Lot 6, Block 8, Plateau Addition to Little Rock, due to unpaid 1948 State and County taxes. The property was certified for non-payment, leading to a sale confirmed by a chancery suit, and was subsequently conveyed to appellee Willa Mae Clark in 1952. Appellants filed suit in 1956 to cancel Clark's deed and restore their title, asserting they had attempted to pay the 1948 taxes but were told by tax authorities that no taxes were due. The Chancery Court denied their claim after reviewing the evidence, leading to this appeal. Citing established case law, the court recognized that a good faith attempt by a landowner to pay taxes, hindered by collector error, can render a tax sale void. However, the court found the testimony of the sole witness for appellants insufficient and uncertain, noting that testimony from a party to the case is not regarded as uncontradicted. The Chancellor's assessment of the witness's credibility and memory regarding events from 1949 played a crucial role in the decision. Ultimately, the court affirmed the lower court's ruling, concluding that the appellants did not provide adequate evidence to support their claim.