Kellums v. Richardson
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court in Chancery. Courts of equity have no power or right to decree specific performance of a verbal contract respecting lands, although admitted, where the statute of frauds is insisted on in the answer. 1 Ark. 417; 8 N. ffamp. 9; 9 lb. 385; 1 A. K. Marsh. 437; 1 Bibb 203. Neither payment nor possession obtained not in reference to the contract, will be sufficient to take-a case out of the statute. 1 Ark. 418; 1 Sch. <$• Lef. 40; 2 Story's…
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Appeal from Mississippi Circuit Court in Chancery. Courts of equity have no power or right to decree specific performance of a verbal contract respecting lands, although admitted, where the statute of frauds is insisted on in the answer. 1 Ark. 417; 8 N. ffamp. 9; 9 lb. 385; 1 A. K. Marsh. 437; 1 Bibb 203. Neither payment nor possession obtained not in reference to the contract, will be sufficient to take-a case out of the statute. 1 Ark. 418; 1 Sch. <$• Lef. 40; 2 Story's Eq. 760, 763. In this State, as in almost every other, the rule is well settled that, in equity, part performance takes a…
1Opinion of the CourtChief Justice English
This was a bill for the specific performance of a contract for the conveyance of land, determined in the Circuit Court of Mississippi county.
The complainants were Thomas and John Richardson, minor heirs of Aaron Richardson, deceased, suing by their next friend, Thomas J. Blackmore. The defendant was Thomas Kellums, who appealed from the decree of the court below.
The material facts of the case, as they appear from the pleadings and evidence, are that about the year 1840, Aaron Richardson, the father of complainants, entered upon the northwest quarter of section 25, township 13 north, range 10…
2Cited by8 opinions
- Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
- Chaney v. MartinSupreme Court of Arkansas · 1943
- Warren v. CuddSupreme Court of Arkansas · 1977
- Perryman v. WoodwardSupreme Court of Oklahoma · 1912
- Higgins v. BlankenshipCourt of Appeals of Arkansas · 1980
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