Bryan v. Hobbs
Supreme Court of Arkansas
Appeal from Bee Chancery Court. Edward D. Robertson, Chancellor. statement by the court. ' On the 26th day of November, 1887, Young Hobbs, a negro, purchased of T. B. Holloman 160 acres of land in Bee county, for which he agreed to pay the sum of $900. Holloman executed a deed conveying the land to Hobbs, and reciting that he had paid $100 of the purchase price, and had executed his notes for the remainder, one note for $200 and two] notes for $300 each.
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Appeal from Bee Chancery Court. Edward D. Robertson, Chancellor. statement by the court. ' On the 26th day of November, 1887, Young Hobbs, a negro, purchased of T. B. Holloman 160 acres of land in Bee county, for which he agreed to pay the sum of $900. Holloman executed a deed conveying the land to Hobbs, and reciting that he had paid $100 of the purchase price, and had executed his notes for the remainder, one note for $200 and two] notes for $300 each. Some time afterwards Hobbs paid the; $200 note. But before he paid the two remaining notes for $300 each they were transferred by Holloman…
1Opinion of the CourtRiddick, J.
(after stating the facts). This action was brought in the circuit court to recover 160 acres of land which the defendant had conveyed to the plaintiff. The action was resisted on the ground that the deed was obtained by duress, and on that account the court was asked to cancel the deed, and the case was transferred to the chancery court to determine' the issues involved.
It is a well-settled rule that one who would avoid his deed on account of duress must bring his action within a reasonable time, and if the only alternative here was to take the view contended for by plaintiff and uphold the…
2Cited by3 opinions
- In re ReynoldsDistrict Court, W.D. Arkansas · 1907
- Holcomb v. BoweSupreme Court of Arkansas · 1922
- Bowers v. MitchellSupreme Court of Arkansas · 1925