Trapnall's adx. v. Brown
Supreme Court of Arkansas
Appeal from the Circuit Court of Pulaski county in Chancery. Hon. William H. Feild, Circuit Judge. We need scarcely refer to authority to prove, that, where an agreement, set up in a bill, is denied, the statute of frauds is available to the defendant, without expressly pleading or relying upon it. 3 A. K. Marsh. 445; 4 Ark. 301; 2 8to. Eq. 757; 1 Pet.
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Appeal from the Circuit Court of Pulaski county in Chancery. Hon. William H. Feild, Circuit Judge. We need scarcely refer to authority to prove, that, where an agreement, set up in a bill, is denied, the statute of frauds is available to the defendant, without expressly pleading or relying upon it. 3 A. K. Marsh. 445; 4 Ark. 301; 2 8to. Eq. 757; 1 Pet. C. C. R. 338, 380. It is equally familiar that no trust, or contract can be enforced, or executed, which in any way originates in fraud, or in any act which contravenes any positive law, or any general principle established as the policy of the…
1Opinion of the CourtChief Justice English
On the 15th of July, 1851, Wm. Brown, sr., filed a bill against Frederick W. Trapnall, on the chancery side of the Pulaski Circuit Court, alleging in substance as follows:
On and before the 27th of November, 1843, complainant was the owner of lots numbered 2, 3, 4, 5, 6, 7, 8, 9, 10 and 11, in block No. 73, west of the Quapaw line, in the city of Little Rock, upon which he had before then erected a large and commodious brick dwelling, out houses, etc., at a cost, including the price of the lots, of seven or eight thousand dollars, and which were then, and ever since, of the actual salable…
2Cited by18 opinions
- Bray v. TimmsSupreme Court of Arkansas · 1924
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Brittin v. HandySupreme Court of Arkansas · 1859
- Walker v. BruceSupreme Court of Colorado · 1908
- Cook v. CaveSupreme Court of Arkansas · 1924
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