The Russellville Democrat., 1882-04-13
IMPORTANT DECISION.
Judge CarrOlI's Opinion in Re. gard to Confirmation of
 Land Titles.

The following decision. which eff. fleets the titles to certain lands in every county in the state, vas ren. dered en the Sd inst, by Judge Car roll of the chancery court:
 Paul Bagley, ex parte. Petition for confirmation of title. Opinion on the demurrer filed by Virginia Castile.
 This is a petition for the cenfir. nation of the tit.e in the petitioner to the W ] of the N w l of section 17, in T l N, R l3 w, 80 acres, as. sessed and taxed in the name of Vir- ginia Castile; and to other lands as sessed and taxed in the names of other persons, mentioned in the pc tltion. The deed presented and OK hibited with the petition, is an orig. inal deed executed on the 4th day of March, 1881, by the clerk of the county of Pulaski, to the petitioner, for all the lands embraced in his pc tition. This deed, from its recitals. appears to have been executed un- der authority of the second section of an act of the general assembly oi the state of Arkansas, entitled "an act to provide for the redemption of delinquent lands, and to repeal sec tions 5IS5 and 5IS6, of Gantt's Di. gest." Approved March l4th, 1879.
 It appears from the petition, and from the decd aforesaid, that the lands mentioned were returned by the collector of taxes for Pulaski county, on the l4th day of July, 1879, as delinquent for the taxes of 1878, as required by the statute.
 It appears that one year elapsed, after the return of said delinquent list, and that the owner, or person in whose name the land was listed, fail cd to redeem the same, and that du. ring the second year after the return of said delinquent list, viz: on the 4th of March, 1881, the petitioner applied to redeem this land, paid all the taxes, penalty and costs accrued on the delinquency for 1878, and paid also the taxes extended against said land for the years 1879 and 1880, and obtained the deed which is exhibited with the petition.
 Notice Of this proceeding was pub lished fer the time, and substantial. ly in the manner, prescribed by law. The petitioner prays for contirma- tion of his title to this land under and by virtue of the deed exhibited.
 To this petition, Virginia Castle, the person in whose name this land was assessed for taxes, files demur Ter, and for cause says, that the pc tition does not state facts sufficient to constitute cause of action, and to obtain the relief sought.
 The questions of law arising on this demurrer are: Flrst--Does the second section of the act authorize a sale ot the land absolutely to "any person whatever who will pay the taxes, penalty and costs" within the second year after the return of the delinquent list, and on default of the owner to redeem within the first year after the return of said list?
 Second-If an absolute sale was intended, then is not that power of sale given to the county clerk in vii olation of and contrary to the con stitution of the state?
 To arrive at the intention of the legislature in the enactment of law, we look to the language used, and if that is plain and unambiguous, there can be no difficulty; otherwise 1t is difficult to say what the legislature intended. When this difficulty aris- es as to the intention disclosed in the body of the act, the title may be relied on as an assistance in arriving at q conclusion, and to remove am biguities. Sedgwick on state and constitutional law, 50 and 51, and cases cited.
 By the first section of the act oI