Bonner v. Little
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. J. H. Rogers, Circuit Judge. The claim of appellee, was unliquidated, not ascertained by judicial proceedings, not even a debt by contract, merely a claim for supposed fraud. A judgment for damages is a personal judgment; so is a decree for title. Monroe & Harlan’s Ky.
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APPEAL from Logan Circuit Court. Hon. J. H. Rogers, Circuit Judge. The claim of appellee, was unliquidated, not ascertained by judicial proceedings, not even a debt by contract, merely a claim for supposed fraud. A judgment for damages is a personal judgment; so is a decree for title. Monroe & Harlan’s Ky. Dig., vol. 1, sec. 18, p. 569 ; sec. 179, p. 581. No personal judgment could be rendered against O. H. Bonner without service, and no decree for damages can ■operate as a demand against the land of appellant, where the tract of land had nothing to do with original contract. ■See 31 Ark.,…
1Opinion of the CourtEakin, J.
This is a bill by purchasers, under a title bond, against the vendor, who had no title to a part of the lands sold. It has three objects : First, to compel specific performance as to the part which the vendor can convey j second, to obtain compensation for the deficiency; and third, to subject to the payment of that compensation a separate and distinct tract of land of the defendant lying in the county, which was not in any manner the subject of the contract, but is all the property he has in the State. To sustain the last branch of the full relief, it is alleged that the vendor has become a…
2Cited by7 opinions
- Walls v. BrundidgeSupreme Court of Arkansas · 1913
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Smith v. DixonSupreme Court of Arkansas · 1965
- Garner v. HorneSupreme Court of Arkansas · 1952
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