Waters v. Hanley
Supreme Court of Arkansas
Appeal from Garland Chancery 'Court; Jethro P. Henderson, Chancellor; 1. The payment by appellee was voluntary with full knowledge of all the facts.
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Appeal from Garland Chancery 'Court; Jethro P. Henderson, Chancellor; 1. The payment by appellee was voluntary with full knowledge of all the facts. He cannot recover, 49 Ark. 71; 72 Id. 555; 86 Id. 178; 95 Id. 501; 200 U. S. 492; 192 Id. 259; 35 Pac. 138; 173 N. Y. 55; 18 N. E. 488; 2 East. 469 ; 28 Pac. 1001; 47 Fed. 427; 5 Pac. 436. Having acted voluntarily with full knowledge, appellee cannot avail himself of the .statutory limitation upon the right of appellant to .sell the homestead without the joinder of the wife. 2. The statute does not apply to executory contracts for the sale of the…
1Opinion of the CourtHart, J.
W. W. Waters and Thomas L. Hanley entered into an executory contract for the sale of certain property, as follows:
“Hot Springs, Ark., August 21,1913.
‘ ‘ I have this day sold to Mr. Thomas Hanley my residence and lot with all buildihgs thereon, on Garden Street, in the City of Hot Springs, Ark., for the sum of six thousand five hundred dollars, cash in hand, to give possession on September 15, 1913, — 'all time after said date I am using said premises to pay $40 per month for same — all papers to. be made by the 20th of September, 1913. W. W. Waters.”
At the time of the execution of the…
2Cases cited4 opinions
- Pipkin v. WilliamsSupreme Court of Arkansas · 1893
- Hawkes v. KehoeMassachusetts Supreme Judicial Court · 1907
- Stephens v. StephensSupreme Court of Arkansas · 1913
- Yost v. DevaultSupreme Court of Iowa · 1859
3Cited by7 opinions
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Watson v. PoindexterSupreme Court of Arkansas · 1928
- Ferrell v. WoodSupreme Court of Arkansas · 1921
- Penney v. VessellsSupreme Court of Arkansas · 1952
- Bowden v. WilsonSupreme Court of Arkansas · 1949
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