Dalton v. Lybarger
Supreme Court of Arkansas
Appeal from Washington Chancery Court; B. F. McMahan, Chancellor; The title tendered by plaintiffs is a title by limitation, whereas, the one called for by the contract was a record marketable title. Appellant was not obligated to accept anything less than the title -contracted for.
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Appeal from Washington Chancery Court; B. F. McMahan, Chancellor; The title tendered by plaintiffs is a title by limitation, whereas, the one called for by the contract was a record marketable title. Appellant was not obligated to accept anything less than the title -contracted for. See 121 Ark. 482 and 120 Ark. 69. By a “clear record title,” it is not meant that there shall be an unbroken chain of conveyances from the Grovernment down to the vendor. 120 Ark. 76. The title tendered by appellee was a good one as held by the chancellor, and his decree should be affirmed.
1Opinion of the CourtHumphreys, J.
Appellant and appellees entered into a written contract for the sale and purchase of certain real estate and personal property. Appellees instituted suit for specific performance of the contract. Appellant answered that all the personal property covered by the contract had not been delivered to him, and that the part which had been delivered to him was in bad condition; and, by way of cross-complaint, asked for damages and for specific performance of the contract. Appellant was awarded $200 as damages, and a specific performance of the contract was decreed, and the decree, following the…
2Cases cited3 opinions
- Mays v. BlairSupreme Court of Arkansas · 1915
- Hinton v. MartinSupreme Court of Arkansas · 1922
- Shelton v. RatterreeSupreme Court of Arkansas · 1915
3Cited by9 opinions
- Landers v. People's Building & Loan Ass'nSupreme Court of Arkansas · 1935
- Abbott v. ButlerSupreme Court of Arkansas · 1947
- Aker v. LipscombSupreme Court of Missouri · 1923
- Coverston v. EgelandNorth Dakota Supreme Court · 1955
- Crow Creek Gravel & Sand Co. v. DooleySupreme Court of Arkansas · 1930
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