Dunavant v. Fields
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. Mutuality is necessary to an account stated. 1 Wait, Act. & Def. 191; 38 Neb. 161; Beach, Cont. § 425; 63 N. Y. 631. The rendering of an account stated does not estop the creditor from correcting errors or omissions. 1 Wait, Act. & Def. 192; Whart.
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Appeal from Mississippi Chancery Court. Edward D. Robertson, Chancellor. Mutuality is necessary to an account stated. 1 Wait, Act. & Def. 191; 38 Neb. 161; Beach, Cont. § 425; 63 N. Y. 631. The rendering of an account stated does not estop the creditor from correcting errors or omissions. 1 Wait, Act. & Def. 192; Whart. Cont. § 778. In an equitable partition, a tenant in common who has placed improvements upon land will be compensated or be allotted such portions of the land as will carry to him the improvements. 21 Ark. 539. A tenant in common is liable for only those rents actually received…
1Opinion of the CourtBunn, C. J.
This is a bill in equity to partition the lands mentioned and described therein, between the plaintiff, Henry C. Dunavant, and the defendants, Georgia L. Fields, nee Lanier, and Julia Pelham, nee Dunavant, and to state an account between them, involving rents and profits, on the one hand, and expenses of improvements, taxes, etc., on the other. The lands were partitioned, and a decree entered by the Hon. E. D. Robertson, chancellor of the fifth chancery district, in favor of the defendant Georgia L. Fields, and against the plaintiff, for the sum of $454.54 and in favor of defendant Julia…
2Cases cited11 opinions
- Oil Co. v. Van EttenSupreme Court of the United States · 1882
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Clements v. CatesSupreme Court of Arkansas · 1887
- Weed v. DyerSupreme Court of Arkansas · 1890
- Trimble v. JamesSupreme Court of Arkansas · 1883
6 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Sparks v. RobertsonCourt of Appeals of Texas · 1947
- Smith v. KapplerSupreme Court of Arkansas · 1952
- Dobson v. Arkansas Oil & Gas CommissionSupreme Court of Arkansas · 1950
- Welch v. BurtonSupreme Court of Arkansas · 1952
- Richmond v. SimsCourt of Appeals of Texas · 1912
11 more not listed; retrieve them via the Exa API.