Harris v. King
Supreme Court of Arkansas
Appeal from, the Circmt Court of Randolph County in Cha/neery. Hon. Beaufort H. Neely, Circuit Judge. To entitle a party to a decree for specific performance, all the material facts must be clearly proven. A stronger case must be made to establish a right to a decree than will be sufficient to resist the claim of specific performance. 2 Story’s Eq., see. 693, 742, 769/ 12 Ark. 551, 552. The complainant was barred from recovery by lapse of time.
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Appeal from, the Circmt Court of Randolph County in Cha/neery. Hon. Beaufort H. Neely, Circuit Judge. To entitle a party to a decree for specific performance, all the material facts must be clearly proven. A stronger case must be made to establish a right to a decree than will be sufficient to resist the claim of specific performance. 2 Story’s Eq., see. 693, 742, 769/ 12 Ark. 551, 552. The complainant was barred from recovery by lapse of time. The complainant’s action was barred by the statute of limitations. King, by bidding at the sale, is estopped from setting up any title in opposition…
1Opinion of the Court
Mr. Justice "WalKer
delivered the opinion of the Court.
Thomas O. Marr, ayesident of the town of PocahoDtas, Arkansas, sold to Samuel King, a citizen of the State of Missouri, two lots of land, situate in said town; and, thereupon, executed to King a penal bond, in tlie sum of four hundred dollars, conditioned (after reciting the contract) to be void, if be, the said Marr, should make, or cause to bo made, a good and sufficient title to the lots of land to said King. The bond bears date the 13th of March, 1811, and it does not appear, from the recitals in it, what the price, agreed upon for the…
2Cases cited2 opinions
- Raymond v. SimonsonIndiana Supreme Court · 1835
- Blakeney v. FergusonSupreme Court of Arkansas · 1854
3Cited by17 opinions
- Love v. WatkinsCalifornia Supreme Court · 1871
- Luco v. De ToroCalifornia Supreme Court · 1891
- Lakin v. Sierra Buttes Gold Min. Co.United States Circuit Court · 1885
- McKim v. McLineySupreme Court of Arkansas · 1971
- Williams v. MitchellSupreme Court of Missouri · 1892
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