Lay v. Gaines
Supreme Court of Arkansas
Appeal from Searcy Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. No contemporaneous oral contract or agreement can he used to vary or contradict the terms or recitals of a deed. 87 Ark. 283; 80 Id. 505; 20 Id. 293. 2. Gaines is not entitled to recover even if he sold the lands, mill and other property to Abbott alone for $800. He filed no answer or reply to the allegations of Bainbolt’s answer and for the purposes of this said allegations are taken as true and need not be…
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Appeal from Searcy Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. No contemporaneous oral contract or agreement can he used to vary or contradict the terms or recitals of a deed. 87 Ark. 283; 80 Id. 505; 20 Id. 293. 2. Gaines is not entitled to recover even if he sold the lands, mill and other property to Abbott alone for $800. He filed no answer or reply to the allegations of Bainbolt’s answer and for the purposes of this said allegations are taken as true and need not be proven. Kirby & Castle’s Dig., § 7576; 41 Ark. 17; 88 Id. 406. Gaines could not accept Rainbolt’s money on the purchase…
1Opinion of the CourtMcCULLOCH, C. J.
Appellee instituted this action in the chancery court of Searcy County against G. W. Abbott to recover the amount of a balance due on a promissory note alleged to have been executed by Abbott to appellee for the purchase price of a tract of land situated in that county. A vendor’s lien on the land was asserted and there was a prayer in the complaint for the enforcement of the lien by a sale of the land. Appellant’s intestate, I. L. Rainbolt, was made a party defendant under the allegation that he was a junior lienor in that he had accepted from Abbott a mortgage on the land, with full…
2Cases cited5 opinions
- Holman v. Patterson's HeirsSupreme Court of Arkansas · 1874
- Lavender v. AbbottSupreme Court of Arkansas · 1875
- Scott v. OrbisonSupreme Court of Arkansas · 1860
- Mayes v. HendrySupreme Court of Arkansas · 1878
- Springfield & Memphis Railroad v. StewartSupreme Court of Arkansas · 1888
3Cited by12 opinions
- Whitten Developments, Inc. v. AgeeSupreme Court of Arkansas · 1974
- Lyon v. Mutual Benefit Health & Accident Assn.Supreme Court of the United States · 1939
- Bank of Hoxie v. MeriwetherSupreme Court of Arkansas · 1924
- Crews v. CrewsSupreme Court of Arkansas · 1948
- Kosters v. HooverCourt of Appeals for the D.C. Circuit · 1938
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