Atkinson v. Thomas
Supreme Court of Arkansas
Appeal from Lincoln Chancery Court; John M.- Elliott, Chancellor; STATEMENT OE EAOTS. On the 8th day of February, 1917, Mrs. Yirgie Thomas brought this suit in equity against R. G. Atkinson for the specific performance of a certain real estate contract.
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Appeal from Lincoln Chancery Court; John M.- Elliott, Chancellor; STATEMENT OE EAOTS. On the 8th day of February, 1917, Mrs. Yirgie Thomas brought this suit in equity against R. G. Atkinson for the specific performance of a certain real estate contract. The contract which is the basis of the suit is as follows: “ Yorktown, Ark., April 1, 1916. ‘ ‘ This agreement made and entered into this day and date by and between R. G. Atkinson, party of the first part, and Mrs. Yirgie Thomas, party of the second part, “Witnesseth, That whereas the first party has purchased from H. L. Hunter certain lands…
1Opinion of the Court
HART, J.,
(after stating the facts). The record shows that the lands in controversy were purchased from H. L. Hunter for the sum of $4,200, of which R. Gr. Atkinson paid $4,000, and the remaining $200 was paid either by J. L. Thomas for himself and brother or by Mrs. Yirgie Thomas. Atkinson took possession of the lands and has held them ever since. It is the contention of the plaintiff that she signed the contract on her own account; that her husband, J. L. Thomas, had no interest in the lands; that she never authorized him to dispose of her interest therein when he sold to his brothers all…
2Cases cited3 opinions
- Miller v. . PierceSupreme Court of North Carolina · 1889
- Arrington v. PorterSupreme Court of Alabama · 1872
- Marsh v. BellewWisconsin Supreme Court · 1878
3Cited by3 opinions
- Rogers v. MossSupreme Court of Arkansas · 1950
- Robertson v. LainSupreme Court of Arkansas · 1925
- Williams v. Jones, Special AdministratorSupreme Court of Arkansas · 1945