Shattuck v. Watson
Supreme Court of Arkansas
APPEAL from Johnson Circuit Court in Chancery. B. J. BROWN, Special Judge. If appellee voluntarily executed the deeds, without a promise that J. E. Watson would not be prosecuted,, for the urpose of securing $1,500.00, even though they did not reeive any of the money, the deed is binding, Tiedeman on eal Prop., sec. 801. The promise not to prosecute is not roven.
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APPEAL from Johnson Circuit Court in Chancery. B. J. BROWN, Special Judge. If appellee voluntarily executed the deeds, without a promise that J. E. Watson would not be prosecuted,, for the urpose of securing $1,500.00, even though they did not reeive any of the money, the deed is binding, Tiedeman on eal Prop., sec. 801. The promise not to prosecute is not roven. On conflict of testimony, when a question is settled y notes or deeds, the consideration is a compromise, and his is sufficient consideration. 1 Suth., Dam., p. 430; 1 Wait, Ac. & Def., sec. 5, p. 95; 1 Pars., Cont., top p. 438 444…
1Opinion of the Court
Hemingway J.
The appellant had advertised for sale, and was about to sell, lands of the appellee, under the power contained in two mortgages purporting to have been executed by him and his wife to secure the payment of certain notes therein described.
One mortgage bears date March 15, 1886, and recites-that it was given to secure one note given for borrowed money and six notes for the interest thereon. The other is dated December 8, 1886, and was given to secure the same notes, except one interest note which had been previously satisfied. The appellee’s son paid it.
The appellee brought this…
2Cases cited2 opinions
- Atwood v. FiskMassachusetts Supreme Judicial Court · 1869
- Compton v. Bunker Hill BankIllinois Supreme Court · 1880
3Cited by15 opinions
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- Womack v. ManerSupreme Court of Arkansas · 1957
- Burton v. McMillanSupreme Court of Florida · 1906
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