Bramble v. Beidler
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. G. D. Boyston, Circuit Judge. STATEMENT. Bramble sued Beidler before a justice of the peace, upon a note for $200. Beidler answered that the note was given for the S. W. of the S. W. £, section 20, T. 15 S., E. 28 W., for which the plaintiff executed to him “a good and perfect deed with full covenants of warranty and seizure, representing that the tract contained forty acres more or less ; ’whereas in fact there were about 33^-^ acres…
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APPEAL from Miller Circuit Court. Hon. G. D. Boyston, Circuit Judge. STATEMENT. Bramble sued Beidler before a justice of the peace, upon a note for $200. Beidler answered that the note was given for the S. W. of the S. W. £, section 20, T. 15 S., E. 28 W., for which the plaintiff executed to him “a good and perfect deed with full covenants of warranty and seizure, representing that the tract contained forty acres more or less ; ’whereas in fact there were about 33^-^ acres in the tract belonging to the plaintiff at the time of the purchase, ánd the remainder belonged and still belongs to the…
1Opinion of the CourtHarrison, J.
It is a well settled doctrine that a purchaser of land, who has received a deed with covenants of warranty and entered into possession, cannot, so long as he retains the possession, deny his vendor’s title, or refuse to pay the price. Lewis and wife v. Boskins, adm'r, 21 Ark., 61; Pintard v. Goodloe, Hemp., 502; Willison v. Watkins, 3 Pit., 43; Wilson v. Weatherby, 1 Nott & McCord, 373; Meadows v. Hopkins, Meigs, 81.
Therefore, as it was not averred in the answer filed in the justice court that the defendant was not in. possession, it set up no defense, and did not put in issue or involve the…
2Cited by9 opinions
- Marshall v. BurdenSupreme Court of Oklahoma · 1910
- Sevy v. StewartSupreme Court of Oklahoma · 1912
- Jansen v. StrayhornSupreme Court of Arkansas · 1894
- Hodge v. MayfieldSupreme Court of Oklahoma · 1924
- Short v. KennedySupreme Court of Arkansas · 1931
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