{
  "id": 1464520,
  "name": "Hill v. Village Creek Drainage District",
  "name_abbreviation": "Hill v. Village Creek Drainage District",
  "decision_date": "1949-03-28",
  "docket_number": "4-8772",
  "first_page": "1",
  "last_page": "2",
  "citations": [
    {
      "type": "official",
      "cite": "215 Ark. 1"
    },
    {
      "type": "parallel",
      "cite": "219 S.W.2d 635"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "211 Ark. 725",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "weight": 2,
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    {
      "cite": "3 S. W. 2d 993",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
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    {
      "cite": "176 Ark. 714",
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      "reporter": "Ark.",
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    {
      "cite": "209 Ark. 378",
      "category": "reporters:state",
      "reporter": "Ark.",
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      "weight": 2,
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      "case_paths": [
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    {
      "cite": "208 Ark. 198",
      "category": "reporters:state",
      "reporter": "Ark.",
      "case_ids": [
        1478642
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      "weight": 2,
      "opinion_index": 0,
      "case_paths": [
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  "analysis": {
    "cardinality": 219,
    "char_count": 2202,
    "ocr_confidence": 0.507,
    "pagerank": {
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    "simhash": "1:520e2f713d46558a",
    "word_count": 388
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  "last_updated": "2023-07-14T14:42:13.131733+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Hill v. Village Creek Drainage District."
    ],
    "opinions": [
      {
        "text": "George Rose Smith, J.\nThis is the third attack upon a sale by which certain land in the town of Minturn was sold to the appellee district in 1939, in proceedings for the collection of delinquent drainage taxes. The sale was first questioned by appellant\u2019s sister, Fairbelle Mitchell, who then asserted title to the property. After Mrs. Mitchell\u2019s death that suit was continued by her daughter, as her sole heir. The case was before this court twice, the decisions being in favor of the district and its grantees. Shinault v. Wells, 208 Ark. 198, 186 S. W. 2d 26; Wells v. Golden, 209 Ark. 378, 191 S. W. 2d 251. Mrs. Mitchell\u2019s widower and daughter then brought a suit in federal court, but again the attack failed. Mitchell v. Village Creek Dr. Dist., 158 Fed 2d 475 (C.C.A. 8).\nAppellant now assails the district\u2019s proceedings upon the basis of objections which were or could have been raised in the earlier cases! To meet the defense of res judicata he relies upon a lost unrecorded deed by which Mrs. Mitchell is said to have conveyed to him a life estate, in 1924. The chancellor doubted if his testimony was sufficiently clear and convincing to establish the lost instrument, but we prefer to rest our decision oh the broader ground of estoppel. Appellant actively supported his sister when she claimed the land in the first suit. He acted as her agent in making a tender of taxes. He testified in her behalf, saying that he had been in possession of the property for nineteen years as Mrs. Mitchell\u2019s tenant. Even if his account of the lost deed be accepted, it merely proves that appellant concealed his interest in the property by swearing that he was merely a tenant and thus speculated upon the hope that his grantor would prevail in her action. Under familiar principles of equitable estoppel he cannot be permitted to say that he is not bound by the earlier judgment. Collum v. Hervey, 176 Ark. 714, 3 S. W. 2d 993; Williams v. Davis, 211 Ark. 725, 202 S. W. 2d 205.\nAffirmed.",
        "type": "majority",
        "author": "George Rose Smith, J."
      }
    ],
    "attorneys": [
      "IF. E. Beloate, for appellant.",
      "Smith & Judkins and Blackford & Irby, for appellee."
    ],
    "corrections": "",
    "head_matter": "Hill v. Village Creek Drainage District.\n4-8772\n219 S. W. 2d 635\nOpinion delivered March 28, 1949.\nRehearing denied May 9, 1949.\nIF. E. Beloate, for appellant.\nSmith & Judkins and Blackford & Irby, for appellee."
  },
  "file_name": "0001-01",
  "first_page_order": 23,
  "last_page_order": 24
}
