Greenhaw v. Combs
Supreme Court of Arkansas
Appeal from Searcy Circuit Court. STATEMENT BY THE COURT. Appellants brought suit in chancery against appellee to reform a deed, alleging that G. B. Greenhaw had given to his son, F. P. Greenhaw, a tract of land near the town of Marshall, Ark., enclosed under fence, and a small strip adjacent, so as to bring the property up to the townsite line, but that by a mistake the deed had been drawn so as to convey more than was intended.
Read the full summary
Appeal from Searcy Circuit Court. STATEMENT BY THE COURT. Appellants brought suit in chancery against appellee to reform a deed, alleging that G. B. Greenhaw had given to his son, F. P. Greenhaw, a tract of land near the town of Marshall, Ark., enclosed under fence, and a small strip adjacent, so as to bring the property up to the townsite line, but that by a mistake the deed had been drawn so as to convey more than was intended. That F. P. Greenhaw had sold to appellee, pointing out to her the property that was intended to be conveyed, and which was the same which his father intended to give…
1Opinion of the Court
Wood, J.,
(after stating the facts). The consent order of reference contemplated nothing more than a finding of facts by the referee. The referee was a surveyor, and the order directed him “to survey the land in controversy, make plats of the same, take and hear proof, and make and file report of his findings at the next term of court.” But if the parties' contemplated by the use of the word “findings” both a finding on the facts and the law, there is nothing to indicate a consent to be bound by these findings.
The findings of fact by a consent referee have the same conclusiveness as the…
2Cases cited4 opinions
- Kimberly v. ArmsSupreme Court of the United States · 1889
- Davis v. SchwartzSupreme Court of the United States · 1895
- Crawford v. NealSupreme Court of the United States · 1892
- Furrer v. FerrisSupreme Court of the United States · 1892
3Cited by11 opinions
- Hope v. BourlandSupreme Court of Oklahoma · 1908
- Augusta Cooperage Co. v. BlochSupreme Court of Arkansas · 1922
- Miles v. DodsonSupreme Court of Arkansas · 1912
- Hubbert v. FaganSupreme Court of Arkansas · 1911
- Claypool v. JohnstonSupreme Court of Arkansas · 1909
6 more not listed; retrieve them via the Exa API.