Legal Opinion

Salyers v. Legate

Supreme Court of Arkansas

Decided February 21, 1910PublishedCited by 2 opinions

Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. This was -not a party wall, nor an agreement, nor a sale for a party wall. Tiedeman on Real Property, 620; 54 Ark. 519; 78 Ark. 65; 22 Am. & E. Enc. Law, 237. 2. If it was, it comes within the statute of frauds. Kirby’s Digest, § 3654; 49 Ark. 503; 54 Ark. 519. 3. There was no such part performance as to take the agreement out of the statute. 22 A. & E. Enc.

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Appeal from Polk Chancery Court; James D. Shaver, Chancellor; 1. This was -not a party wall, nor an agreement, nor a sale for a party wall. Tiedeman on Real Property, 620; 54 Ark. 519; 78 Ark. 65; 22 Am. & E. Enc. Law, 237. 2. If it was, it comes within the statute of frauds. Kirby’s Digest, § 3654; 49 Ark. 503; 54 Ark. 519. 3. There was no such part performance as to take the agreement out of the statute. 22 A. & E. Enc. Law, 250. 4. There was a mortgage lien on the lot which was not disclosed at the time of the agreement. 1. The mortgage cuts no figure in this case. 2. The chancellor found…

1Opinion of the CourtMcCulloch, C. J.

Plaintiffs, George and Henry Legate, owned a lot in the city of Mena, Polk County, Arkansas, described as lot one of block sixty-one of the original townsite of Mena; and the defendant, Salyers, owned an adjoining lot described as lot two in said block. Plaintiffs were engaged in the livery business, and in the year 1906 they erected.on their said lot a livery barn or stable, the walls of which were made of cement blocks. Plaintiffs intended to put the wall of the building out to the boundary line of their lot on the side next to defendant’s lot, but it was afterwards found that the wall…

2Cases cited3 opinions

  1. Rudisill v. CrossSupreme Court of Arkansas · 1891
  2. Walker v. ShackelfordSupreme Court of Arkansas · 1887
  3. Dorsey v. HabersackCourt of Appeals of Maryland · 1896

3Cited by2 opinions

  1. Schuman v. StevensonSupreme Court of Arkansas · 1949
  2. Bonner v. Kimball-Lacy Lumber Co.Supreme Court of Arkansas · 1914

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