Hargis v. Edrington
Supreme Court of Arkansas
Appeal from Bradley Chancery Court; Zachariah T.~ Wood, Chancellor; STATEMENT BY THE COURT. J. T. Edrington executed a bond for title to J. A. Hargis for sixty acres of land on April 25, 1893, for the consideration of $40 in cash and a promissory note due November 1, 1893, for $70 bearing interest at the rate of 10 per cent per annum from date until paid.
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Appeal from Bradley Chancery Court; Zachariah T.~ Wood, Chancellor; STATEMENT BY THE COURT. J. T. Edrington executed a bond for title to J. A. Hargis for sixty acres of land on April 25, 1893, for the consideration of $40 in cash and a promissory note due November 1, 1893, for $70 bearing interest at the rate of 10 per cent per annum from date until paid. Hargis owned a tract of land adjoining that described in the bond for title, of which he had cleared a small part, and in addition he cleared two acres of the Edrington land, and some time before his death he placed some lumber on this land…
1Opinion of the Court
Smith, J.,
(after stating the facts). We think the chancellor properly dismissed the complaint in this cause for the want of equity. It is true that a vendee in possession is not barred from suing for specific performance by delay for any period infringing his action, his possession being the continuous assertion of his claim. He may rest in security until his title or right of possession is attacked. Wright v. Brooks, 130 Pac. 968. Nor is time of the essence of this contract. But the evidence shows that the appellants did nothing toward the performance of their contract. They offered evidence…
2Cases cited2 opinions
- Wright v. BrooksMontana Supreme Court · 1913
- Uzzell v. GatesSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Estate of Shinoe v. ShinoeWisconsin Supreme Court · 1933
- Hanson v. BrownSupreme Court of Arkansas · 1919
- Freeman v. KingSupreme Court of Oklahoma · 1925
- Lacey v. BennettSupreme Court of Arkansas · 1946
- Harris v. HarrisSupreme Court of Arkansas · 1956
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