Lay v. Lay
Supreme Court of Arkansas
Appeal from Marion Circuit Court in Chancery. Eubridg® G. Mitchixi,, Judge.. Delivery of possession of land to the vendee under a parol contract of purchase takes the case out of the statute of frauds, and possession for the statutory period is sufficient. 42 Ark. 246; 30 Ark. 340; 39 Conn. 98; 85 Ky. 666; 93 Ky. 435; 55 Miss. 68-i; 6 Met. 337; 33 L. R. A. 835. A parol gift or sale will constitute color of title. 1 Am. & Eng. Enc.
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Appeal from Marion Circuit Court in Chancery. Eubridg® G. Mitchixi,, Judge.. Delivery of possession of land to the vendee under a parol contract of purchase takes the case out of the statute of frauds, and possession for the statutory period is sufficient. 42 Ark. 246; 30 Ark. 340; 39 Conn. 98; 85 Ky. 666; 93 Ky. 435; 55 Miss. 68-i; 6 Met. 337; 33 L. R. A. 835. A parol gift or sale will constitute color of title. 1 Am. & Eng. Enc. Law, 279; Acts 1899, p. 135. Declarations of the vendor, made subsequent to the sale and in the absence of the vendee, cannot be admitted to impeach the sale. 6…
1Opinion of the CourtRiddick, J.
The facts in this case are that one Jesse D. Lay died in Marion County, Arkansas, in 1897. He was an old man, and left several adult children. At the time of his death he was the owner of a tract of land in that county containing one hundred and sixty acres. Previous to his death he had been drawing a pension from the Government of twelve dollars a month, but when he died he owned no property except this land and a few dollars' in money. During the five or six years that preceded his death he made his home with his son, Shelby Lay. After the death of his father, Shelby Lay claimed that he had…
2Cited by5 opinions
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