Marquette Timber Co. v. Chas. T. Abeles Co.
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. From the testimony it is unquestionable that both Abeles and Savage knew and understood that the property conveyed by the quitclaim deed did not contain one-half of the land in question. • It is clear that there was not only no mutual mistake, but no mistake on either side, it being known and .understood that Abeles was getting only what was described by metes and bounds.
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Appeal from Pulaski Chancery Court; Jesse C. Hart, Chancellor; 1. From the testimony it is unquestionable that both Abeles and Savage knew and understood that the property conveyed by the quitclaim deed did not contain one-half of the land in question. • It is clear that there was not only no mutual mistake, but no mistake on either side, it being known and .understood that Abeles was getting only what was described by metes and bounds. Cases relied on by appellee, 31 Ark. 252, and others, do not apply, the decisions being based upon mutual mistake. 2. The -contention that appellant had…
1Opinion of the CourtMcCueeoch, J.
On April 6, 1903, Frank F. Savage purchased .at a sale under decree of the chancery court an irregularly shaped tract of land, containing 18 acres, in Pulaski County near the city of Tittle Rock, the purchase price being $13,500, which was paid in cash. About the time the purchase was made Savage and Charles T. Abeles, acting for appellee company, entered into negotiations for purchase of a portion of said tract by said company, and on April 15, 1903, Savage conveyed to said company the north part of the tract, describing it by metes and bounds, for the sum of $5,250 cash paid. Soon…
2Cases cited2 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
3Cited by9 opinions
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
- Varner v. TurnerSupreme Court of Arkansas · 1907
- Hicks, Special Admx. v. RankinSupreme Court of Arkansas · 1948
- Turner v. ToddSupreme Court of Arkansas · 1908
- Rollow v. Aetna Life Ins. Co.Supreme Court of Oklahoma · 1936
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