Cooper v. White
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court in Chancery. Hon. Henry B. Moese, Circuit Judge. The deed exhibited marked “B” is void for uncertainty in description, Doe, ex’r. of Phillips v. Benj. A. Parler, 3 Ark., 18. The deed filed with amended complaint does not show that the lands conveyed are the same as those intended in the former deed, so as to connect them with the note sued on. The supposed errors are frivolous.
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APPEAL from Arkansas Circuit Court in Chancery. Hon. Henry B. Moese, Circuit Judge. The deed exhibited marked “B” is void for uncertainty in description, Doe, ex’r. of Phillips v. Benj. A. Parler, 3 Ark., 18. The deed filed with amended complaint does not show that the lands conveyed are the same as those intended in the former deed, so as to connect them with the note sued on. The supposed errors are frivolous. The appeal should be dismissed on authority of Sykes v. Lafferty, 26 Ark., 414.
1Opinion of the Court
Harrison, J.:
John White, on the 2d day of June, 1870, sold and conveyed to Giles Cooper, for five hundred dollars, one hundred and sixty acres of land in the southeast and the southwest quarters of section five, in township five south of range four west, in the county of Arkansas. Cooper paid two hundred dollars in cash, and, for the residue of the price, gave his note payable on the 1st day of November, 1870, and entered into possession. The note having become due, White, brought this suit to enforce .his vendor’s lien for the unpaid purchase money. The defendant demurred to the complaint,…
2Cited by3 opinions
- Neas v. Whitener-London Realty Co.Supreme Court of Arkansas · 1915
- Dormon Farms Co. v. StewartSupreme Court of Arkansas · 1923
- O'Kane v. McLean Bottom Levee & Drainage District No. 3Supreme Court of Arkansas · 1947