Kelly v. Keith
Supreme Court of Arkansas
Appeal from Hot Spring Chancery Court; EERANd Leath-ERMAN, Chancellor; STATEMENT by the court. Nicholas Miller, a resident of Hot Spring County, died in the year 1880, intestate, the owner of the tract of land in controversy containing 80 acres, which was assigned, as a part of her dower, to his widow, who died in-1901. He left surviving eight children, among the number being Mrs. Mary J. Kelly, one of the defendants, and S. Thomas Miller.
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Appeal from Hot Spring Chancery Court; EERANd Leath-ERMAN, Chancellor; STATEMENT by the court. Nicholas Miller, a resident of Hot Spring County, died in the year 1880, intestate, the owner of the tract of land in controversy containing 80 acres, which was assigned, as a part of her dower, to his widow, who died in-1901. He left surviving eight children, among the number being Mrs. Mary J. Kelly, one of the defendants, and S. Thomas Miller. Appellee, John W. Keith, purchased the several interests in the lands of the other six children before the death of the widow, and also purchased the…
1Opinion of the Court
McCulloch, J.,
(after stating the facts.) The proof sustains the finding of the chancellor that Mary J. Kelly agreed with •appellee in writing for a valuable consideration, i.-e., the payment -of $50 commission and the extinguishment of her alleged liability to him for the difference in value between the interest she owned and that which her deed purported to convey, to purchase for him the interest of S. Thomas Miller. This was a valid and enforcible contract, founded on good consideration, and a court of equity should require the specific performance of same. This is but the application of a…
2Cases cited4 opinions
- Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
- Richardson v. ComstockSupreme Court of Arkansas · 1860
- Sykes v. LafferrySupreme Court of Arkansas · 1872
- McMurry v. MobleySupreme Court of Arkansas · 1882
3Cited by8 opinions
- Arkadelphia Lumber Co. v. AsmanSupreme Court of Arkansas · 1907
- Morris v. Nowlin Lumber Co.Supreme Court of Arkansas · 1911
- Kelly v. KeithSupreme Court of Arkansas · 1907
- James v. StateSupreme Court of Arkansas · 1910
- Huffman v. Henderson CompanySupreme Court of Arkansas · 1933
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