Legal Opinion

Johnson v. Wilkerson

Supreme Court of Arkansas

Decided October 31, 1910PublishedCited by 5 opinions

Appeal from Woodruff Circuit Court; Northern District; Hance N. Hutton, Judge; 1. The court s-hould have instructed the jury to return a verdict for the defendant.

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Appeal from Woodruff Circuit Court; Northern District; Hance N. Hutton, Judge; 1. The court s-hould have instructed the jury to return a verdict for the defendant. The contract, as appears by the first three paragraphs, is without consideration on the part of appellee. 2. The case should have been transferred to equity -because of the mistake in reducing the agreement to- writing, which was not -discovered until after the -commencement of this action. 71 Ark. 484; Kirby’s Digest, •§ 5995. I. The sixth -clause of the contract, providing for a -deed fronx appellee “for the sum named herein for…

1Opinion of the CourtMcCulloch, C. J.

The plaintiff, Mrs. Wilkerson, owned an undivided two-thirds of certain lands in Woodruff County, and sold and conveyed her said interest to defendant for the price of $10,000. The remaining third was owned by plaintiff’s four grandchildren (the children of her deceased daughter, Minnie Williams), two of whom were minors.

At the time of the conveyance, the plaintiff and defendant entered into tlhe following written contract:

“Whereas, O. L,. Johnson and Mrs. Josephine Wilkerson agreed that fifteen thousand ($15,000) dollars was to be the purchase price of the east half of the southeast quarter…

2Cases cited3 opinions

  1. Ross v. ParksSupreme Court of Alabama · 1890
  2. Marske v. WillardIllinois Supreme Court · 1897
  3. Myers v. MetzgerNew Jersey Court of Chancery · 1901

3Cited by5 opinions

  1. Doniphan, Kensett & Searcy Railroad v. Missouri & North Arkansas RailroadSupreme Court of Arkansas · 1912
  2. Keopple v. National Wagonstock Co.Supreme Court of Arkansas · 1912
  3. Battle v. DraperSupreme Court of Arkansas · 1921
  4. Morris v. Hellums Co.Supreme Court of Arkansas · 1917
  5. Federal Realty Co. v. EvinsSupreme Court of Arkansas · 1915

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