Legal Opinion

Winters v. Fain

Supreme Court of Arkansas

Decided May 15, 1886PublishedCited by 5 opinions

APPEAL from Lincoln Circuit Court in Chancery. Hon. J. A. Williams, Circuit Judge. Preddy’s answer was a set-off and counter-claim, and should have been denied by Fain. Not being so denied, Preddy was entitled to a decree for the amount claimed in his answer. 27 Ark., ¿¡.go; 4.3 Ark., 427; Mansf. Dig., secs. 504-8. It was not necessary for Preddy to move for a decree. It was the duty of the court to render judgment on the counterclaim. The note was not a lien on the land.

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APPEAL from Lincoln Circuit Court in Chancery. Hon. J. A. Williams, Circuit Judge. Preddy’s answer was a set-off and counter-claim, and should have been denied by Fain. Not being so denied, Preddy was entitled to a decree for the amount claimed in his answer. 27 Ark., ¿¡.go; 4.3 Ark., 427; Mansf. Dig., secs. 504-8. It was not necessary for Preddy to move for a decree. It was the duty of the court to render judgment on the counterclaim. The note was not a lien on the land. None was expressed on the face of the note, or reserved in the deed, and this case falls within the rule in Harris v.…

1Opinion of the Court

Smith J.

vendor’s pu!chasejñoney vices.

Fain alleged in his bill that he had sold and conveyed to Preddy a lot in Star City, for $500; whereof one-half was paid down, and for the remainder the following note was made: “250. August 5, 1879. Sixteen months after date I promise to pay to the order of John M. Fain, for lots purchased from him this day, two hundred and fifty dollars, in fees as attorney for said J. M. Fain, provided his business amounts to so much; otherwise balance to be paid in currency, Chas. W. Preddy.”

That $183 still remained due and unpaid on the note; and that Preddy had…

2Cases cited1 opinion

  1. Harvey v. KellyMississippi Supreme Court · 1867

3Cited by5 opinions

  1. Jarratt v. LangstonSupreme Court of Arkansas · 1911
  2. Advance Aluminum Castings Corp. v. DavenportSupreme Court of Arkansas · 1955
  3. Kelley Trust Co. v. ZenorSupreme Court of Arkansas · 1923
  4. Forsythe v. BrandenburgIndiana Supreme Court · 1900
  5. Holcomb Hoke Manufacturing Company v. FishSupreme Court of Arkansas · 1928

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