Borden v. Industrial Finance Co., 214 Ark. 13, 214 S.W.2d 363 (1948)

Nov. 1, 1948 · Arkansas Supreme Court · 4-8628

214 Ark. 13, 214 S.W.2d 363

Borden v. Industrial Finance Company, Inc.

4-8628

214 S. W. 2d 363

Opinion delivered November 1, 1948.

Johnson & Johnson, for appellant.

Byron Goodson and E. K. Edwards, for appellee.

Ed F. McFaddin, Justice.

The validity of appellants ’ tax title is the issue. With becoming candor counsel for appellants say: “There is but one vital issue presented by this appeal. At the outset we agree that if Lumsden v. Erstine, 205 Ark. 1004, 172 S. W. 2d 409, 147 A. L. R. 1132, is yet the law in this State, then this case must be affirmed. ’ ’

It is true that Lumsden v. Erstine was decided by a divided Court, but the case has been subsequently cited with approval in opinions to which there were no recorded dissents. Lumsden v. Erstine has become a rule of property, and we continue to adhere to the holding of that case.

Affirmed.