Tombler v. Sumpter
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; Appellant had an interest in the property and should have been made a party. Kirby’s Digest, § 6006; Story, Eq. PL, § 76; 37 Ark. 511; 59 Ark. 190; 56 Ark. 391, 397; 68 Ark. 171, 177; 74 Ark. 57; 70 N. W. 834. The title to the real estate is not involved in this case.
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Appeal from Garland Chancery Court; Alphonso Curl, Chancellor; Appellant had an interest in the property and should have been made a party. Kirby’s Digest, § 6006; Story, Eq. PL, § 76; 37 Ark. 511; 59 Ark. 190; 56 Ark. 391, 397; 68 Ark. 171, 177; 74 Ark. 57; 70 N. W. 834. The title to the real estate is not involved in this case. Appellant was not a party to the contract, and is not a necessary party. 56 Ark. 370. The only question is whether appellees have the right to the delivery of the deed. This does not affect the title nor -the interest of any third parties.
1Opinion of the CourtFrauenThar, J.
This was an action instituted in the Garland Chancery Court by the plaintiffs .below against Annie E. Tittle and G. G. Tatta, the defendants therein, seeking to obtain the specific performance of an alleged contract to deliver to plaintiffs a deed executed by said Annie E. Little to them for a lot in the city of Hot Springs, and which was held by said Latta in escrow. The complaint amongst other things, in substance, alleged that one Loretta E. Tombler, who was the sister of the said Annie E. Little and the aunt of the plaintiffs, was the owner of the lot mentioned in said deed and other real…
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