Millar v. Mauney
Supreme Court of Arkansas
Appeal from Pike Circuit Court; James S. Steel, Judge; The court erred in refusing to transfer the cause to chancery. Cancellation of instruments is a recognized ground of equity jurisdiction. 96 Ark. 251. The lease contained no clause for forfeiture. It was error to overrule defendant’s demurrer.
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Appeal from Pike Circuit Court; James S. Steel, Judge; The court erred in refusing to transfer the cause to chancery. Cancellation of instruments is a recognized ground of equity jurisdiction. 96 Ark. 251. The lease contained no clause for forfeiture. It was error to overrule defendant’s demurrer. A law court cannot order a forfeiture. 41 Ark. 532; 24 Cyc. 1349, citing cases; Wood, Landlord & T. p. 453; 1 Underhill, Landlord & T. p. 625; Tiffany, Landlord & T. p. 1366. Forfeitures are regarded with disfavor. Ordinarily where forfeitures are desired they are expressed in the contract. 100 Ark.…
1Opinion of the CourtWood, J.
This action was instituted by the appellees against the appellants in the Pike Circuit. Court April 20, 1920, to recover the possession of certain lands alleged to contain diamonds. The appellees alleged in substance that the appellee Bettie L. Mauney is the widow, and that the other appellants are the children and sole heirs at law of M. M. Mauney, deceased, who leased the lands in controversy in 1912 to the appellants; that the lease was for a period of fifty years, beginning January 1, 1912. There was a condition in the lease that the lessee, his associates and assigns, undertake “to…
2Cases cited7 opinions
- Huggins v. DaleyCourt of Appeals for the Fourth Circuit · 1900
- Mansfield Gas Co. v. AlexanderSupreme Court of Arkansas · 1911
- Mansfield Gas Co. v. ParkhillSupreme Court of Arkansas · 1914
- Mauney v. MillarSupreme Court of Arkansas · 1918
- Paine v. GriffithsCourt of Appeals for the Third Circuit · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Christmas v. RaleySupreme Court of Arkansas · 1976
- Ezzell v. Oil Associates, Inc.Supreme Court of Arkansas · 1930
- Standard Oil Co. of Louisiana v. GillerSupreme Court of Arkansas · 1931
- Bodcaw Oil Co. v. Atlantic Refining Co.Supreme Court of Arkansas · 1950
- Winn v. CollinsSupreme Court of Arkansas · 1944
18 more not listed; retrieve them via the Exa API.