Sorrells v. McHenry
Supreme Court of Arkansas
APPEAL from Union Circuit Coutr. Hon. G. M. Barker, special judge. 1. Appellees did not tender a deed before suit. Lewis v. Davis, 21 Ark., 235 ; McDermott v. Gable, 23 lb., 200; Smith v. Henry, 2 Eng., 207; which is always requisite in actions at law. In equity, under peculiar circumstances, the rule is sometimes relaxed. McGhee v. Blacktoell, 28 Arle., 21; Anderson v. Mills, lb., 175; but never at law.
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APPEAL from Union Circuit Coutr. Hon. G. M. Barker, special judge. 1. Appellees did not tender a deed before suit. Lewis v. Davis, 21 Ark., 235 ; McDermott v. Gable, 23 lb., 200; Smith v. Henry, 2 Eng., 207; which is always requisite in actions at law. In equity, under peculiar circumstances, the rule is sometimes relaxed. McGhee v. Blacktoell, 28 Arle., 21; Anderson v. Mills, lb., 175; but never at law. The general rule in equity is laid down in Wakefield v. ■Johnson, 26 Ark., 506. 2. "Thetitle is in Ehodes’ heirs, and at the time of the sale was in Ehodes, an insane person, and no order of…
1Opinion of the CourtEnglish, C. J.
This suit was brought in the Circuit Court of Union county the eighth of April, 1879, in the joint names of Ellen McHenry and her husband John V. McHenry, against James M. Sorrells, on the following note and assignment :
“Twelve months after date, I px-omise to pay R. C. Van-hook, as guardian of H. W. Rhodes, the sum of three hundred dollars for value received, with ten per cexit. interest after due — 16th December, 1872.
J. M. Sorrells.”
Endorsed: “Received on the within $58.33, May 2d, 1877.”
“For value received, I transfer the within xxote to Ellen McHenry as so much of her interest in the…
2Cited by9 opinions
- Euper v. StateSupreme Court of Arkansas · 1907
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Miles v. DodsonSupreme Court of Arkansas · 1912
- Barnett Bros. v. WrightSupreme Court of Arkansas · 1914
- Bosler v. United StatesCourt of Appeals for the Eighth Circuit · 1928
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