Smith v. Henry
Supreme Court of Arkansas
Writ of Erroi' to the Circuit Court of Crawford County. Debt, determined in the Crawford circuit couit, at the August term 1845, befoi’e Brown, judge. The facts sufficiently appear from the opinion of this court. The writing obligatory declared upon was subject to all the defences that existed at the time of the assignment. See 3 sec. 11 ch. Rev. St at.
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Writ of Erroi' to the Circuit Court of Crawford County. Debt, determined in the Crawford circuit couit, at the August term 1845, befoi’e Brown, judge. The facts sufficiently appear from the opinion of this court. The writing obligatory declared upon was subject to all the defences that existed at the time of the assignment. See 3 sec. 11 ch. Rev. St at. According to the stipulations of the contract disclosed by the pleadings, the execution of the deed by Drennen, the assignor of the bond, is a condition precedent to the payment of the sum of money therein specified. C kitty's Pleading, 1 Yol.…
1Opinion of the CourtOldham, J.
This was an action ol' debt instituted ill the circuit court of Crawford county by the defendant in error as assignee of John Drennen against the plaintiff in error upon a writing obligatory for eight hundred dollars. The plaintiffin erroa^tíie defendant below) pleaded that the bond declared on was eSRited for the purchase money of two lots of land in the town of Van Bur«n, which the defendant had purchased of Drennen, and that Drennen by parol promised to execute and deliver to him an absolute deed in fee simple to said lots upon the payment of the purchase money; that on the fourth day of…
2Cases cited9 opinions
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- Malcom v. RogersNew York Supreme Court · 1823
- Franchot v. LeachNew York Supreme Court · 1826
- Fuller v. HubbardNew York Supreme Court · 1826
- Withers v. BairdSupreme Court of Pennsylvania · 1838
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3Cited by1 opinion
- Leavitt v. PeabodySupreme Court of New Hampshire · 1882