Kelly v. Carter
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court in chancery, Fort Smith district. John S. Little, Judge. 1. The removal of the place of public worship was part of the consideration entering into, the contract. 2. And this contract was binding on the defendants. The facts constituted Carter the agent of the trustees and congregation. Two of the trustees had knowledge of the trade, and their knowledge was knowledge to all.
Read the full summary
APPEAL from Sebastian Circuit Court in chancery, Fort Smith district. John S. Little, Judge. 1. The removal of the place of public worship was part of the consideration entering into, the contract. 2. And this contract was binding on the defendants. The facts constituted Carter the agent of the trustees and congregation. Two of the trustees had knowledge of the trade, and their knowledge was knowledge to all. Wade on Notice, secs. 682, 676. Notice to Carter, the agent, was also notice to all. Ib., 672. 3. Plaintiffs’ remedy was by injunction. 2 High, on Inj. (2d ed.), secs. 1153, 1108, 1106,…
1Opinion of the CourtHughes, J.
The appellees, the pastor and trustees of the local congregation of the Colored Methodist Episcopal Church of America, at Fort Smith, were proceeding to have a church house erected on lot 10, block 59, in said city, owned by the church, for public religious worship by said congregation.
The appellant Kelly owned lots I, 2, 3, 4, 5 and 6, in block 65, and the áppellant Luce owned lots 2, 3, 4 and 5 in block 64, in said city. Fearing, what the evidence in the case shows was a fact, that the erection and maintenance of a church for public worship by negroes would greatly damage the renting and…
2Cases cited1 opinion
- Hope v. . BalenNew York Court of Appeals · 1874
3Cited by21 opinions
- Schock v. FishSupreme Court of Oklahoma · 1914
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Cox v. SmithSupreme Court of Arkansas · 1911
- Graham v. RemmelSupreme Court of Arkansas · 1905
- Green v. GreshamCourt of Appeals of Texas · 1899
16 more not listed; retrieve them via the Exa API.