Walker v. Johnson
Supreme Court of Arkansas
Appeal from the Chancery side of Yell Circuit Court. A purchaser of land buys at his peril, and must look to the title and competency of the vendor. Murray vs. Ballore, J. C. R. 566. A purchaser cannot rescind in part, (Gale vs. Nixon, 6 Cowen 446;) nor where the parties cannot be restored to their previous rights.
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Appeal from the Chancery side of Yell Circuit Court. A purchaser of land buys at his peril, and must look to the title and competency of the vendor. Murray vs. Ballore, J. C. R. 566. A purchaser cannot rescind in part, (Gale vs. Nixon, 6 Cowen 446;) nor where the parties cannot be restored to their previous rights. Griffiths vs. Frederic Co. Bk., 6 Gill Sf John. 424. Conner vs. Henderson, 15 Mass. 319. But this is a suit for compensation — to keep part of the land and off-set the damages on account of failure of title to the other part. The damages are unliquidated, and cannot be set-off any…
1Opinion of the CourtChief Justice Watkins
This cause was before this court, and decided at October term, 1845. The allegations in the bill, and the answer of Alexander, .are stated in the report of the case in 1 Eng. 302. Upon the remanding of the cause, the death of Morse was suggested, and his administrator substituted as defendant, who answered, admitting the sale and conveyance of the three tracts of land, by his intestate to the complainants, with warranty of title, and for the consideration as stated in their bill, and that one of the tracts, as stated in the bill, was held by Saugrain, by virtue of his having entered it at the…
2Cases cited1 opinion
- Adamson v. CumminsSupreme Court of Arkansas · 1850