Atkins v. Rison
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court in Chancery. Hon. William M. Harrison, Circuit Judge. The appellant having shown just and reasonable excuses, arising from unavoidable circumstances and casualties, for not filing her bill to enforce the vendor’s lien, within the period limited by the deed, is not barred in a court of equity. 8 Lead. Cases in Equity, Hare $ Wal., top page, 174-5, et seq.; Taylor v. Longxoorth, 14 'Peters P., 174-5; 13 Condensed {Curtis), 416; 3 Lead.
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Appeal from Jefferson Circuit Court in Chancery. Hon. William M. Harrison, Circuit Judge. The appellant having shown just and reasonable excuses, arising from unavoidable circumstances and casualties, for not filing her bill to enforce the vendor’s lien, within the period limited by the deed, is not barred in a court of equity. 8 Lead. Cases in Equity, Hare $ Wal., top page, 174-5, et seq.; Taylor v. Longxoorth, 14 'Peters P., 174-5; 13 Condensed {Curtis), 416; 3 Lead. Gases in Equity, Hare Wal., 78, and cases cited; ib., 81, and cases cited; Benedict v. Lynch, 1 J. Ch. P., 370, and cases…
1Opinion of the Court
Compton, ,1.
This was a bill to enforce a vendor’s lien. The material facts disclosed by the bill and amendment, and not denied by the answer, are the following:
Henry Atkins sold, and by deed bearing date the 7th of May, 1859, conveyed, to Robert W. Johnson 420 acres of land, with the appurtenances, situate in Jefferson county, for the sxim of $16,800, to be paid at the time recited in the deed. After the usual form of conveyance, with covenants of general warranty, the deed contains, among other reservations, the following, to wit: “ A reservation of a lien upon said lands (to be enforced…
2Cases cited1 opinion
- Dumond v. ShartsNew York Court of Chancery · 1830
3Cited by8 opinions
- Smith v. BerkauSupreme Court of Arkansas · 1916
- Butler v. ColsonSupreme Court of Arkansas · 1911
- Feibelman v. HillSupreme Court of Arkansas · 1919
- Gilstrap v. StahlSupreme Court of Arkansas · 1921
- Moffatt v. WymanSupreme Court of Arkansas · 1953
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