Rudd v. Savelli
Supreme Court of Arkansas
APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. 1. Lucchessi and Henry were purchasers pendente lite, and bound by the result of this suit. 2. The defense of want or failure of consideration has failed. Rudd & Andrews had already bought the block of Edgerton, and on the following day procured Edgertón’s bond for title. At the time of the final hearing they tendered in open court the absolute deed of Edgerton for the property.
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APPEAL from Pulaski Chancery Court. Hon. D. W. Carroll, Chancellor. 1. Lucchessi and Henry were purchasers pendente lite, and bound by the result of this suit. 2. The defense of want or failure of consideration has failed. Rudd & Andrews had already bought the block of Edgerton, and on the following day procured Edgertón’s bond for title. At the time of the final hearing they tendered in open court the absolute deed of Edgerton for the property. The consideration was title to the block, and this was tendered her. The foreclosure of Edgerton did not affect her, as she was not a pax-ty. She was…
1Opinion of the CourtEakin, J.
On the thirtieth day of May, 1873, appellants, Rudd and Andrews, sold to N. Spinolaand Mrs. M. T. Savelli, wife of L. Savelli, a block of ground in Little Rock, described as block 22, in the Capital Hill extension, for fifteen hundred dollars. Eive hundred dollars were paid in cash, and the balance was secured by three notes of that date; one for $300, due at ninety days; one for $350, due in one year, and the last for $350, due in two years. These notes were signed by Savelli and wife, and by Spinola, and expressed that they were executed as part payments on the block. They were to bear…
2Cited by8 opinions
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- Farm Land Mortgage Co. v. WildeSupreme Court of Oklahoma · 1913
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