Bradley v. Holliman
Supreme Court of Arkansas
Appeal from Searcy Chancery Court; Ben F. McMahan, Chancellor; I. Bradley’s title can not be disputed by Rambo or his assignees. 54 Ark. 460; 84 Id. 220; 104 Id. 322. Rambo was not financially able to operate the property.
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Appeal from Searcy Chancery Court; Ben F. McMahan, Chancellor; I. Bradley’s title can not be disputed by Rambo or his assignees. 54 Ark. 460; 84 Id. 220; 104 Id. 322. Rambo was not financially able to operate the property. He made false representation of material facts. 38 Ark. 334; 46 Id. 245; 60 Id. 281; 15. 387; 74 Id. 46. His contract was forfeited. 97 Ark. 167; 2 Cyc. 705. (1) This was a chancery case and will be tried here de novo. 43 Ark. 451; 62 Id. 262; 75 Id. 181; 76 Id. 551; 88 Id. 363; 1.14 Id. 316. (2) Rambo could not hold for speculative purposes, and it was his duty to…
1Opinion of the Court
WOOD, J.,
(after stating the facts). The cause was heard upon testimony taken ore terms before the court and taken down by a stenographer and afterwards reduced to writing, the statements made a part of the record and treated as depositions taken in the regular way. A motion for a new trial and bill of exceptions were therefore not necessary to present to this court the issues of fact that were passed upon by the trial court. LeMay v. Johnson, 35 Ark. 225; Western Coal & Mining Co. v. Hollenbeck, 72 Ark. 44. See also Acts 1915, page 1081.
Chancery causes in this court are heard de novo.
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2Cases cited3 opinions
- Tedstrom v. PuddephattSupreme Court of Arkansas · 1911
- Lemay v. JohnsonSupreme Court of Arkansas · 1879
- Western Coal & Mining Co. v. HollenbeckSupreme Court of Arkansas · 1903
3Cited by5 opinions
- Smith v. SmithSupreme Court of Arkansas · 1946
- Black v. La PorteCourt of Appeals for the Eighth Circuit · 1921
- Rains Coal Corp. v. Southern Coal Co., Inc.Supreme Court of Arkansas · 1941
- Whipple v. DriverSupreme Court of Arkansas · 1919
- Orient Insurance v. Pioneer Mill Co.Hawaii Supreme Court · 1924