Phillips v. Jones
Supreme Court of Arkansas
Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Where the purchaser of lands under a parol agreement has been put in possession, under a part performance of contract, it need not be in writing. Receipt of purchase money in part performance takes the case out of the statute of frauds. 19 Ark. 23; lb. 48; Tiedeman on Eq.
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Appeal from Jefferson Chancery Court; John M. Elliott, Chancellor; Where the purchaser of lands under a parol agreement has been put in possession, under a part performance of contract, it need not be in writing. Receipt of purchase money in part performance takes the case out of the statute of frauds. 19 Ark. 23; lb. 48; Tiedeman on Eq. Jur. § 296, and authorities cited; lb. § 309. Letters, indorsements, receipts, verbal acknowledgments and admissions are sufficient to take the case out of the statute of frauds. 3 Graft. 339; 43 Pa. St. 170; 1 John. Ch. 131; 34 N. Y. 312; Washburn, Real…
1Opinion of the CourtMcCulloch, J.
This is a suit in equity brought by appellant against appellee to require specific performance of an alleged verbal contract to convey certain real estate, a lot in the city of Pine Bluff. Appellant owned and occupied the real estate in question, and mortgaged it to certain persons as security for a debt of $250, who foreclosed the mortgage in chancery, and appellee purchased the lot for $190 at a sale made by the commissioner of the court. His purchase was confirmed, and a deed was executed by the commissioner and approved by the coxxrt. The sale to appellee was confirmed, and deed made on…
2Cases cited4 opinions
- Moore v. GordonSupreme Court of Arkansas · 1884
- Pindall v. TrevorSupreme Court of Arkansas · 1875
- Coleman v. HillSupreme Court of Arkansas · 1884
- Pledger v. GarrisonSupreme Court of Arkansas · 1883
3Cited by23 opinions
- Shaughnessy v. EidsmoSupreme Court of Minnesota · 1946
- United States v. United Shoe Machinery Co.District Court, E.D. Missouri · 1916
- Hogan v. ThrasherMontana Supreme Court · 1925
- Ashcraft v. TuckerSupreme Court of Arkansas · 1918
- Gilfillan v. SchallerSouth Dakota Supreme Court · 1913
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