Gaster v. Ashley
Supreme Court of Arkansas
ERROR to Pulaski Circuit Court. The facts of this case are fully stated in the opinion of the court. The plaintiff in error conceives that the court below erred in sustaining the demurrer. Upon argument of the demurrer, but two grounds were, assumed by the defendant, nor does the plaintiff anticipate that other grounds will be taken in this court.
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ERROR to Pulaski Circuit Court. The facts of this case are fully stated in the opinion of the court. The plaintiff in error conceives that the court below erred in sustaining the demurrer. Upon argument of the demurrer, but two grounds were, assumed by the defendant, nor does the plaintiff anticipate that other grounds will be taken in this court. The defendant based his demurrer upon the point that the plaintiff should have averred a demand upon the original covenantor for a confirmation of the claim mentioned in the covenant, and a refusal by him to claim a confirmation. And in arguing this…
1Opinion of the CourtLacy, Judge
This is an action of covenant,-founded'on an endorsement, under the seal of Chester Ashley to Stephen Gaster, upon a deed of bargain and sale for the conveyance of a donation claim to three hundred and twenty acres of land, executed by Robert Mays to the defendant in •error.
The declaration contains three counts, each averring the same ■cause of action; but charging the defendant in different ways. The deed from Mays to Ashley is for the consideration of four hundred dollars, and recites the usual covenants in such conveyances. That the grantor has a good and valid claim, agreeable to the act…
2Cases cited2 opinions
- Marvin v. StoneNew York Supreme Court · 1824
- Williams v. CaseyCourt of Appeals of Kentucky · 1816
3Cited by3 opinions
- Drovers' Deposit National Bank v. TichenorWisconsin Supreme Court · 1914
- Brawley v. CopelinSupreme Court of Arkansas · 1913
- Roysdon v. SumnerSupreme Court of Arkansas · 1840