Nichol v. Dunn
Supreme Court of Arkansas
Appeal from- Arkansan Circuit Court in Chancery. lion. William -M. Harrison, Circuit Judge. The right of substitution is grounded entirely upon princi.7 >les of equity, and may be decreed where na contract of any kind, nor any privity, exists between the parties.
Read the full summary
Appeal from- Arkansan Circuit Court in Chancery. lion. William -M. Harrison, Circuit Judge. The right of substitution is grounded entirely upon princi.7 >les of equity, and may be decreed where na contract of any kind, nor any privity, exists between the parties. Kyner v. Kyner, 0 Watts, 221; 11 Harris, 294• The right exists more from equity than per contract, and rests upon principles of equity wholly independent of contract. 1 Corns., 598. Where the purchase money of real estate is paid, the party paying has the same priority over other incumbrances. Clark v. Monroe, lip Mass.-, 351;…
1Opinion of the Court
Walker, O. J.
The appellees contend that there has been no final decree rendered in this case, from which an appeal can be taken; not, however, upon the ground that the decree is not final, so far as relates to the cross-bill of Nichol, but that his cross-action was, upon motion, consolidated with the original action and other cross-bills, and ordered by the court to be progressed with and heard as one suit; and because the decree, upon demurrer to the cross-bill of Nichol, dismissing his bill, left the issues upon the original bill, and other cross-bills undisposed of, that there was no such…
2Cases cited1 opinion
- Commonwealth v. CornmanSupreme Court of Pennsylvania · 1818
3Cited by8 opinions
- State Road Department v. CrillSupreme Court of Florida · 1930
- Stewart v. TuckerSupreme Court of Arkansas · 1945
- Demeter v. WilcoxSupreme Court of Missouri · 1893
- Tucker v. StewartSupreme Court of Arkansas · 1946
- Grayson v. BauschlicherSupreme Court of Arkansas · 1935
3 more not listed; retrieve them via the Exa API.