Stewart v. Fleming
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; The. court erred in refusing to transfer the cause to equity, in striking out paragraphs five and six of the answer, and that part of paragraphs seven and eight relating to tihe payment of levee taxes for the year 1906. Kirby’s Digest, § 6098. The court properly refused to transfer to equity, and properly struck out paragraphs five and six, and that part of seven and eight relating to payment of levee taxes. 31…
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Appeal from Lafayette Circuit Court; Jacob M. Carter, Judge; The. court erred in refusing to transfer the cause to equity, in striking out paragraphs five and six of the answer, and that part of paragraphs seven and eight relating to tihe payment of levee taxes for the year 1906. Kirby’s Digest, § 6098. The court properly refused to transfer to equity, and properly struck out paragraphs five and six, and that part of seven and eight relating to payment of levee taxes. 31 Ark. 170; 30 Ark. 686; 26 Ark. 28; 19 Ark. 522; 11 Ark. 58; 27 Ark. 244; 84 Ark. 349, and cases cited.
1Opinion of the Court
.McCurroch, C. J.
Plaintiff, Fannie R. Fleming, owned certain farm lands in Lafayette County, and on October 25, 1904, she entered into a written contract with defendant, Alex Stewart, leasing said lands to him for a term of seven years, commencing on the 1st day of January, 1906, the substance of said written contract being as follows:
1. That said lessee, in consideration of said lease, obligates himself that he would, during the entire term of said lease, keep all taxes and legal assessments on or against said lands promptly paid as the same should come.
2. That he would, at his own expense,…
2Cases cited6 opinions
- Graham v. ThompsonSupreme Court of Arkansas · 1892
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Gammill v. JohnsonSupreme Court of Arkansas · 1886
- Sanders v. BrownSupreme Court of Arkansas · 1898
- Mason v. ThorntonSupreme Court of Arkansas · 1905
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3Cited by15 opinions
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Hunt v. DavisSupreme Court of Arkansas · 1911
- Evatt v. HudsonSupreme Court of Arkansas · 1911
- Inter-Southern Life Insurance v. HolzhauerSupreme Court of Arkansas · 1928
- J. I. Case Threshing Machine Co. v. Southwestern Veneer Co.Supreme Court of Arkansas · 1918
10 more not listed; retrieve them via the Exa API.