Bowling v. Stough
Supreme Court of Arkansas
Appeal from Howard Chancery Court; James D. Shaver, Chancellor; The evidence unquestionably shows that the lands belonged in fact to Bowling, and that Pitts had promised Bowling to convey the lands to him at once. It is also in evidence that the trade between Stough and Pitts was not concluded when Stough came to Arkansas to investigate the title to the land and had paid no money, but he had the right to rescind if the title was not good.
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Appeal from Howard Chancery Court; James D. Shaver, Chancellor; The evidence unquestionably shows that the lands belonged in fact to Bowling, and that Pitts had promised Bowling to convey the lands to him at once. It is also in evidence that the trade between Stough and Pitts was not concluded when Stough came to Arkansas to investigate the title to the land and had paid no money, but he had the right to rescind if the title was not good. If he paid $50.00 in September, 1910, it was with knowledge of appellant’s rights, and the payment was without consideration. Moreover, it was so inadequate…
1Opinion of the CourtHart, J.
J. H. Bowling instituted this suit in the chancery court against M. T. Stough and C. C. Pitts, alleging that Pitts had fraudulently conveyed to Stough certain lands, the title to which were in the name of Pitts. He alleged that the lands belonged to him, and that no consideration was paid by Stough to Pitts. The prayer of the complaint is that the deeds from Pitts to Stough be cancelled as a cloud on the plaintiff’s title. The deeds in question were exhibited with the complaint, and were dated respectively, May 30, 1910, and June 4,1910. The first deed recites a consideration of “$250 and…
2Cases cited4 opinions
- Seawell v. YoungSupreme Court of Arkansas · 1905
- St. Louis, Iron Mountain & Southern Railway Co. v. HallSupreme Court of Arkansas · 1903
- Marchbanks v. BanksSupreme Court of Arkansas · 1884
- Parrott v. NimmoSupreme Court of Arkansas · 1873
3Cited by11 opinions
- Cummings v. BoylesSupreme Court of Arkansas · 1967
- Burks Motors, Inc. v. International Harvester Co.Supreme Court of Arkansas · 1971
- McKim v. McLineySupreme Court of Arkansas · 1971
- Johnson v. GammillSupreme Court of Arkansas · 1959
- McKim v. McLineySupreme Court of Arkansas · 1971
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