Mason v. Atkins
Supreme Court of Arkansas
Appeal from Monroe Chancery Court. John M. Ereiott, Chancellor. statement by the court. This is an action for specific performance by Victoria Mason to require Peter Smith to make her a deed to a certain fifty-acre tract of land for which she held bond for title. For this land she was to pay Peter Smith the sum of $1,000.. She paid $400, and executed four notes for the remainder of the purchase money in the sum of $150 each, bearing 10 per cent, interest.
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Appeal from Monroe Chancery Court. John M. Ereiott, Chancellor. statement by the court. This is an action for specific performance by Victoria Mason to require Peter Smith to make her a deed to a certain fifty-acre tract of land for which she held bond for title. For this land she was to pay Peter Smith the sum of $1,000.. She paid $400, and executed four notes for the remainder of the purchase money in the sum of $150 each, bearing 10 per cent, interest. The first note was payable on the 1st day of January, 1892, the second on the 1st day of November, 1893, the third on the 1st day of…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The question as to whether the purchase money had been paid was purely one of fact, and the testimony bearing on this issue is somewhat voluminous. Upon a careful consideration of it, we are of the opinion that the finding of the chancellor in favor of the defendant on this point is not clearly against the weight of the evidence. But, notwithstanding this finding, we are of the opinion that the court erred in dismissing appellant’s complaint because she had failed to pay purchase money, and because she had failed to tender and bring the unpaid purchase…
2Cases cited5 opinions
- Bell v. GreenSupreme Court of Arkansas · 1881
- Jordan v. DeatonSupreme Court of Arkansas · 1861
- Welch v. HicksSupreme Court of Arkansas · 1871
- Walker v. JessupSupreme Court of Arkansas · 1884
- Wakefield v. JohnsonSupreme Court of Arkansas · 1871
3Cited by3 opinions
- Holman v. LowranceSupreme Court of Arkansas · 1912
- Webb v. MarlarSupreme Court of Arkansas · 1907
- Fritz v. WellsSupreme Court of Arkansas · 1907