Brittin v. Handy
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court in Chancery. lion. Abner A. Stitii, Circuit Judge. The first objection we take to the decree of the court is, that even admitting the relief prayed for by complainant tobe well founded in equity, yet the court, by rendering a decree in favor of the complainant, for the whole of the land in controversy, erred most egregiously.
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Appeal from Hempstead Circuit Court in Chancery. lion. Abner A. Stitii, Circuit Judge. The first objection we take to the decree of the court is, that even admitting the relief prayed for by complainant tobe well founded in equity, yet the court, by rendering a decree in favor of the complainant, for the whole of the land in controversy, erred most egregiously. The bill itself merely alleged that the complainant was entitled to an undivided interest with defendant, Brittin, in the land in controversy, after deducting the amount due for the purchase money unpaid therefor, yet the court awarded…
1Opinion of the CourtChief Justice English
Bill for partition, etc., filed 9th October, 1852, in the Hemp-stead Circuit Court, by Levin J. Handy, against Benj. L. Brit-tin and Wm. W. Andrews.
The bill alleges that on the 28th April, 1838, the complainant and Wm. Conway B. purchased of Brittin that portion of the south-east quarter of the south-east quarter of section 21, township 11, south of range 25 west, which lies on the southeast side of the public road leading from Washington to Fulton, in Hempstead county, containing from four and a half to five acres; for which they agreed to pay him $500, and executed their joint note to him…
2Cases cited2 opinions
- Trapnall's adx. v. BrownSupreme Court of Arkansas · 1857
- Story v. MoonCourt of Appeals of Kentucky · 1835
3Cited by25 opinions
- Elston v. PiggottIndiana Supreme Court · 1884
- George v. NorwoodSupreme Court of Arkansas · 1905
- Inman v. QuireySupreme Court of Arkansas · 1917
- Bennet v. North Colorado Springs Land & Improvement Co.Supreme Court of Colorado · 1897
- Stevens v. ReynoldsIndiana Supreme Court · 1895
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