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From: "" <>
Subject: Re: [ARBENTON] Sparks vs Farris
Date: Wed, 29 Sep 2010 13:58:52 -0000

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Author: Guambaby
Surnames: Thomas Sparks Farris Fairres Wittwer
Classification: will

Message Board URL:

http://boards.rootsweb.com/localities.northam.usa.states.arkansas.counties.benton/7266.2.1/mb.ashx

Message Board Post:

The plaintiffs, Joseph E. Sparks and Margaret Wittmer. are the children and only heirs of Lydia Sparks ne Lydia Thomas, daughter and devisee of Joseph Thomas, deceased, by whose will the said Lydia Sparks owned the lands in controversy, to wit, the S. of the N. W. % of section 18 N.. of range 33 W., situate in Benton county, Ark. Said Lydia was married to J. M. Sparks In June, 1872, and died in March, 1884, intestate, leaving surviving her children and sole heirs at law, Joseph E. Sparks, Margaret Wittmer, Isaac Sparks, and Lydia M. Sparks; Isaac M. Sparks and Lydia M. Sparks not being parties hereto, for some cause. Joseph Thomas, the ancestor, was the owner of the land in controversy, and died in Benton county, Ark., in November, 1882;[sic] having made a will in which he devised the land in controversy to his daughter Lydia, as aforesaid. The will was duly proven by the clerk of the probate court, and by him recorded, but the minutes of the proceedings of the probate cou!
rt do not show any order of probation by that court. It is. agreed that the records of the office of the county clerk of Benton county show that the lands involved were duly assessed by the assessor of the county for the taxes of the year 1884, and the taxes duly levied thereon for that year: the said taxes were not paid; that the collector returned said lands as delinquent in 1883 for the nonpayment of the taxes of 1884; that the clerk of the county did not record said delinquent list In a book kept for that purpose, nor did he certify at the foot of sucli record, stating in what newspaper said delinquent list had beon published, and the date of publication, and for what length of time the publication was made, before the first Monday next ending; that said delinquent list was not published weekly for two weeks between the fourth Monday in April and the fourth Monday in May, 1885; that said 80-acre tract was assessed as such, and for a greater amount than was due thereon, !
for the year 1884, and was sold for a greater amount than was legally
due thereon; that said tract was not redeemed from said forfeiture and sale within two years from date of sale, and that at the end of two years from said sale the clerk of said county certified the same to the commissioner of state lands as having been stricken off to the state at said sale as land forfeited to the state for said delinquent taxes, penalty, and costs thereon, and that the same were entered in the books of the office of said commissioner as lands forfeited to the state as aforesaid, and as lands subject to donation or purchase from the state under the statutes mnde and provided therefor; that said Lydia Sparks, ne Thomas, never disposed of said lands In any manner, but remained the owner of the same until her death, which occurred, as stated, in March, 1884. It is agreed, also, that the plaintiffs, Joseph E. Sparks and Margaret Wittmer, each owning one undivided one-fourth interest in said lands by inheritance from their mother, were born, respectively, Marc!
h 21, 1873, and February 2, 1876; the one being 11 and the other 8 years old at the time of the death of their mother.
[this is just the genealogical information regarding Lydia Thomas Sparks and her family extracted. The case continues, but was upheld.]
The Southwestern Reporter, Volume 71, (Jan 14 - Mar 4, 1903)page 945
West Publishing Company

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