Jones v. Byrne
U.S. Circuit Court for the District of Western Arkansas
In Equity. The hill of complaint In this case is not voluminous,' but the answer and cross-bill are long, rambling, argumentative, and evidentiary, and the answer to the cross-bill necessarily long. Tbe material facts are few, and, in the main, not in dispute. There is some conflict in the evidence on points not essential to the correct determination of the case. No effort will be made to set out tbe substance of the pleadings, or the evidence in full.
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In Equity. The hill of complaint In this case is not voluminous,' but the answer and cross-bill are long, rambling, argumentative, and evidentiary, and the answer to the cross-bill necessarily long. Tbe material facts are few, and, in the main, not in dispute. There is some conflict in the evidence on points not essential to the correct determination of the case. No effort will be made to set out tbe substance of the pleadings, or the evidence in full. The substantial facts are these: On the 27th of December, 1889, W. L. Whittaker and wife sold to A. C. Jones, B. T. Laws, and It. A. McKee,…
1Opinion of the CourtRogers, District Judge
(after stating the facts). Logically, the cross-bill in this case, which is for specific performance, should be considered first, because, if the complainant is compelled to convey the lands iti controversy to defendant Byrne, he is not entitled to a decree enforcing liis vendor’s lien, and his amended bill should be dismissed. In Hennessey v. Woolworth, 128 U. S. 442, 9 Sup. Ct. 109, 32 L. Ed. 500, Mr. Justice Harlan, speaking for the court, said:
“Specific performance is not of absolute right. It rests entirely in judicial discretion, exercised, it is true, according to the settled…
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