Gammill v. Johnson
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. Every allegation of fraud, must show some injury, It must -appear that the fraud and damage sustain to each other the ■relation of cause and effect, or that the one resulted directly ■from the other.
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APPEAL from Lincoln Circuit Court in Chancery. Hon. John A. Williams, Circuit Judge. Every allegation of fraud, must show some injury, It must -appear that the fraud and damage sustain to each other the ■relation of cause and effect, or that the one resulted directly ■from the other. Bigelow on Fraud, 451; 5 Vroom, '296. It is a principle too well settled to admit of controversy, that -a misrepresentation, to constitute a fraud, relievable in equity must be made in regard to some matter constituting a motive -or inducement to the act of the other, by which he is misled to his injury; and it…
1Opinion of the CourtCockrill, C. J.
In 1862, Thomas Johnson died intestate, being at the time seized in fee of the tract of land which gives rise to this litigation, leaving him surviving, his widow, Rebecca Johnson, and the appellee, his only child, then an infant. Rebecca Johnson, his widow, and the mother of the appellee, in the year 1869, conveyed the land to one J. D. Brown in consideration of $150.
Xn 1881 Brown mortgaged the premises to R. G. Atkinson & Co., and the mortgage was, in the same year, assigned to the appellant’s ancestor, (L. C. Gammill), and default having been made in the condition of the mortgage, he, in…
2Cases cited4 opinions
- Mead v. . BunnNew York Court of Appeals · 1865
- David v. ParkMassachusetts Supreme Judicial Court · 1870
- Matlock v. ToddIndiana Supreme Court · 1862
- Kiefer v. RogersSupreme Court of Minnesota · 1872
3Cited by17 opinions
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Strand v. GriffithCourt of Appeals for the Eighth Circuit · 1899
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Hunt v. DavisSupreme Court of Arkansas · 1911
- Stewart v. FlemingSupreme Court of Arkansas · 1910
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