Robertson v. Read
Supreme Court of Arkansas
APPEAL from Drew Circuit Court in Chancery. C. D. Wood, Judge. 1. Equity will not decree specific performance when the contract has been voluntarily surrendered and abandoned, especially when there are matters of estoppel, and the rights of third persons have intervened. 33 Ark., 63; 34 Ark., 34; 8 Paige, 4J3. 2. Where a husband has abandoned his wife and children, the wife becomes the agent of the husband so far as concerns-the property left in her possession. Mansf.
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APPEAL from Drew Circuit Court in Chancery. C. D. Wood, Judge. 1. Equity will not decree specific performance when the contract has been voluntarily surrendered and abandoned, especially when there are matters of estoppel, and the rights of third persons have intervened. 33 Ark., 63; 34 Ark., 34; 8 Paige, 4J3. 2. Where a husband has abandoned his wife and children, the wife becomes the agent of the husband so far as concerns-the property left in her possession. Mansf. Dig., sec. 4953. 3. Absence from the county, as alleged in the complaint, Moes not raise the presumption of death. Ib., 4597.…
1Opinion of the CourtHemingway, J.
This is a suit by the widow and heirs at law of one Bob Robertson, against Brass Robertson, his brother, to establish a trust in a tract of land.
The material facts of the case are as follows : In 1871 or 1872 one Thomas Trotter sold the land to Bob Robertson, on .•a credit, for $660, giving his title bond and taking notes for the purchase money, bearing interest until paid at 10 per cent, per annum. Bob Robertson entered into possession and occupied the land as a homestead, Brass, who was younger, liv:.ing with him. Bob paid $160 on the notes. In 1874 he fled the country, leaving his wife,…
2Cases cited1 opinion
- Tatum v. McLellanMississippi Supreme Court · 1879
3Cited by10 opinions
- White v. PageSupreme Court of Arkansas · 1950
- Karnes v. MarrowSupreme Court of Arkansas · 1993
- Higgs v. SmithSupreme Court of Arkansas · 1911
- Weaver v. GilbertSupreme Court of Arkansas · 1949
- Barnard v. PatersonMichigan Supreme Court · 1904
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