Pullen v. Ward
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court in Chancery. James E. Riddick, Judge. 1. The court erred in not granting the relief prayed in the cross-bill. On account of the diminution in the area of the land conveyed, and the fraudulent misrepresentations of Joyner, the contract should have been rescinded. 3 Am. & Eng. Euc. Law, 929 ; 5 Lawson’s R. & Rem. 4242; 1 .Story, Eq. Júr. 201, 212 ; 3 Wait, Ac. & Def. 436 ; 5 lb. 212 ; 5 Am.
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Appeal from Mississippi Circuit Court in Chancery. James E. Riddick, Judge. 1. The court erred in not granting the relief prayed in the cross-bill. On account of the diminution in the area of the land conveyed, and the fraudulent misrepresentations of Joyner, the contract should have been rescinded. 3 Am. & Eng. Euc. Law, 929 ; 5 Lawson’s R. & Rem. 4242; 1 .Story, Eq. Júr. 201, 212 ; 3 Wait, Ac. & Def. 436 ; 5 lb. 212 ; 5 Am. St. Rep. 289; 11 id. 350 ; 17 id. 178; 20 id. 691; 28 id. 91; 11 Ark. 58 ; 46 id. 337. 2. It was error to decree a lien on the 2 and 45-100 acres not conveyed by Joyner.
1Opinion of the CourtBattle, J.
On the 5th of August, 1889, D. C. Joyner sold, and by deed of that date, containing the usual covenants of warranty, conveyed certain lands to W. H. Pullen, who agreed to pay therefor the sum of $2000, and paid $666 of this amount, and executed two notes for the remainder of the purchase money, payable to the order of D. C. Joyner, respectively, one and two years after date. The consideration for the sale of the land was set forth in the deed, and the notes were described therein, and stated to be given for the purchase money, and a lien was retained in the deed for their payment. The note1…
2Cases cited1 opinion
- Carpenter v. LonganSupreme Court of the United States · 1873
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- Driver v. LacerSupreme Court of Arkansas · 1916
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