Darnell v. Bibb
Supreme Court of Arkansas
Appeal from Phillips Chancery Court; A. L. Hutch-ins, Chancellor; 1. The burden of proof was on appellee and no fraud is proved. If appellee is entitled to any relief at all, it is not reformation hut a rescission of the contract for a mutual mistake as to the location of the improvements and the boundaries of the tract of land. There was a clerical error in describing the lands to he reserved by appellee.
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Appeal from Phillips Chancery Court; A. L. Hutch-ins, Chancellor; 1. The burden of proof was on appellee and no fraud is proved. If appellee is entitled to any relief at all, it is not reformation hut a rescission of the contract for a mutual mistake as to the location of the improvements and the boundaries of the tract of land. There was a clerical error in describing the lands to he reserved by appellee. Appellants had no knowledge or information as to the boundaries or corners of the tract claimed by appellee. The only source of information was the representations of appellee and a copy of…
1Opinion of the CourtWood, J.
On the 5th day of February, 1917, the appellee Bibb entered into a written contract with T. H. Caraway, whereby the latter agreed to sell Bibb 320 acres of land in Phillips County, Arkansas, for the sum of $16,-000 of which amount the sum of $2,000 was paid in cash and the balance of the purchase money was to be paid in annual payments of $1,400 for a period of ten years with interest from date at ten per cent per annum. After the execution of the contract Caraway executed a warranty deed conveying the lands to appellee Bibb. Caraway deposited this deed with the Security Bank & Trust Company…
2Cases cited4 opinions
- Welch v. WelchSupreme Court of Arkansas · 1918
- Wood v. KelseySupreme Court of Arkansas · 1909
- American Surety Co. v. VannSupreme Court of Arkansas · 1918
- Hill v. BushSupreme Court of Arkansas · 1858
3Cited by4 opinions
- Lone Rock Bank v. PipkinSupreme Court of Arkansas · 1925
- New England Securities Co. v. West Helena Consolidated Co.Supreme Court of Arkansas · 1928
- Troupe v. AncrumSupreme Court of Arkansas · 1920
- James v. United Farm AgencySupreme Court of Arkansas · 1939