Wilson v. Strayhorn
Supreme Court of Arkansas
Appeal from Yell Circuit Court. IIon. William K May, Circuit Judge. Strayhorn delivered the whole without explanation, and ho cannot be heard to say that Wilson did not purchase the whole ■or contract for it; and he is bound to make good the whole. This act of delivery shifts the whole onus upon Strayhorn. Even where a man stands by and sees another purchase lands which belong to himself and says nothing, ho is afterwards estopped from setting up his title.
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Appeal from Yell Circuit Court. IIon. William K May, Circuit Judge. Strayhorn delivered the whole without explanation, and ho cannot be heard to say that Wilson did not purchase the whole ■or contract for it; and he is bound to make good the whole. This act of delivery shifts the whole onus upon Strayhorn. Even where a man stands by and sees another purchase lands which belong to himself and says nothing, ho is afterwards estopped from setting up his title. Shall v. Biscoe, 18 Ark. 14%; Trapnall ct al. v. Burton et al. 84 Ark. 871. The doctrine of caveat emplor does not apply here. Long on…
1Opinion of the CourtMcClure, J.
Strayhorn sold to Wilson lots 1, 3, 5, 7, 17, 19, 21, 23 and 25, in block eight, in the town of Dardanelle, for $2,200 ; seven hundred dollars of this amount was paid on the 16th of March,. 1867, and the note of Wilson for $1,500, due January 1,1868, was executed and delivered to Strayhorn, who executed a title bond, binding himself to make a good and sufficient deed, in fee simple for the lots above .described, upon the payment of the purchase money.
Wilson went into possession of the property, and has so continued until the present time. Failing to meet the note at maturity, Strayhorn, in…
2Cited by6 opinions
- Delaney v. JacksonSupreme Court of Arkansas · 1910
- Clark v. HartSupreme Court of Alabama · 1876
- Kilgo v. Continental Casualty Co.Supreme Court of Arkansas · 1919
- St. Louis-San Francisco Railway Co. v. HallSupreme Court of Arkansas · 1930
- St. Paul Fire and Marine Insurance Company v. HundleyDistrict Court, E.D. Arkansas · 1973
1 more not listed; retrieve them via the Exa API.