Lewis v. Davis
Supreme Court of Arkansas
Appeal f rom Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. Admitting that the appellant had failed to execute a good and valid title to the land within one month after the contract, he is entitled to judgment, for the plea admits that the defendant had received in consideration of the bonds sued on, the possession of the lands, and the bond for title of O. C. Wood, which vested in him the title of the appellant.
Read the full summary
Appeal f rom Sebastian Circuit Court. Hon. Felix I. Batson, Circuit Judge. Admitting that the appellant had failed to execute a good and valid title to the land within one month after the contract, he is entitled to judgment, for the plea admits that the defendant had received in consideration of the bonds sued on, the possession of the lands, and the bond for title of O. C. Wood, which vested in him the title of the appellant. In order to constitute a good plea, it should have alleged that Wood had no title, and that defendant had been ousted of the possession. 1 J. C. R. 213; 3 Pick. 452;…
1Opinion of the CourtJustice Compton
This was an action of debt by Lewis, against Davis and Slosson, on two writings obligatory, each for one thousand dollars, the one due and payable on the 2d August, 1853, and the other on the 2d August, 1854. By consent, the cause was submitted to the court for trial, upon an issue of fact, and the finding was for the defendants. Motion was then made for judgment non obstante veredicto., which was overruled, and the plaintiff prosecuted his appeal to this court.
The facts relied on in the defence, as set out in the special plea interposed by the defendants, are, that the writings obligatory…
2Cases cited1 opinion
- Brockenbrough v. Ward's AdministratorCourt of Appeals of Virginia · 1826
3Cited by2 opinions
- Kelly v. DoolingSupreme Court of Arkansas · 1861
- Thomas v. LanierSupreme Court of Arkansas · 1861