Baucum v. Waters
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court, 2nd Division; GuyFulk, Judge; 1. No motion for a new trial was necessary, as all errors appear on the face of the record. 46 Ark. 17, 21; 111 Id..468, 474. 2. If the contract was eyer within the statute of frauds, it was taken out by acts of the parties. Kirby’s Digest, '§ 3656; 15 L. R. A. (N. S.) 654; 125 Am.
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Appeal from Pulaski Circuit Court, 2nd Division; GuyFulk, Judge; 1. No motion for a new trial was necessary, as all errors appear on the face of the record. 46 Ark. 17, 21; 111 Id..468, 474. 2. If the contract was eyer within the statute of frauds, it was taken out by acts of the parties. Kirby’s Digest, '§ 3656; 15 L. R. A. (N. S.) 654; 125 Am. St. 397; 77 Ark. 364. The contract might have been performed within one year. 93 Ark. 1; 111 Id. 598; 138 A. S. R. 588. 3. The statute of frauds must be specially pleaded. 96 Ark. 189; 105 Id. 638; 71 Id. 302; 96 Id. 505. 4. The contract was binding…
1Opinion of the CourtHart, J.
This is an action of replevin instituted by John Waters against Mrs. G. F. Baucum, Miss Margaret Baucum, et al, to recover a mirror of the alleged value of $200.00. The defendants filed'an answer in which they denied that plaintiff was the owner or entitled to the possession of the mirror and also set up as a defense a state of facts substantially as follows:
The mirror formerly belonged to Mrs. B. D. Williams, who in 1907 delivered it to the defendants with the request that they keep it and take care of it for her. Mrs. Williams died-in 1911, leaving the plaintiff as her sole heir at law.…
2Cases cited7 opinions
- El Dorado Ice & Planing Mill Co. v. KinardSupreme Court of Arkansas · 1910
- Russell v. MaySupreme Court of Arkansas · 1905
- Union County v. SmithSupreme Court of Arkansas · 1879
- Webb v. KelseySupreme Court of Arkansas · 1899
- Anthony v. SillsSupreme Court of Arkansas · 1914
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Nakdimen v. First National BankSupreme Court of Arkansas · 1928
- Sizer v. Midland Valley RailroadSupreme Court of Arkansas · 1919
- Strode v. HollandSupreme Court of Arkansas · 1921
- Hisey v. SloanSupreme Court of Arkansas · 1930
- Cummins Bros. v. Subiaco Coal Co.Supreme Court of Arkansas · 1921
3 more not listed; retrieve them via the Exa API.