Shields v. Trammell
Supreme Court of Arkansas
Appeal from the Circuit Court of Sebastian county in Chancery. The Hon. Felix J. Batson, Circuit Judge. The complainant in his response, denies any contract or agreement whatever in the premises, he is therefore, as to the pleadings, entitled to the benefit of the statute of frauds. See Harris vs. Knickerbocker, 5th Wend. 638. Cozzine vs. Graham, 2d Paige, 177. 1 Marsh. Ky. 437, and the defendant must show a valid contract within the statute or such as is not affected by it.
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Appeal from the Circuit Court of Sebastian county in Chancery. The Hon. Felix J. Batson, Circuit Judge. The complainant in his response, denies any contract or agreement whatever in the premises, he is therefore, as to the pleadings, entitled to the benefit of the statute of frauds. See Harris vs. Knickerbocker, 5th Wend. 638. Cozzine vs. Graham, 2d Paige, 177. 1 Marsh. Ky. 437, and the defendant must show a valid contract within the statute or such as is not affected by it. Trammell’s purchase and conveyance to Shields not being a compliance with the terms proposed, is therefore not binding…
1Opinion of the CourtJustice Hanly
This was a bill brought by the appellant, Shields, to the August term, 1854, of the Sebastian Circuit Court. As far as it is material to state, the substance of the bill is, that some time prior to 1830, the father of Shields bought a tract of land consisting of 320 acres, and situate in Sebastian county, from one Womack, the father of the defendants of that name, and took from him a title bond, in which he obligated himself to make conveyance of the land in question by deed in fee simple as soon as he should acquire a patent for it from the government of the United States: That at the date…
2Cases cited8 opinions
- Seymour v. DelancyNew York Supreme Court · 1824
- Gould v. WomackSupreme Court of Alabama · 1841
- Rogers v. SaundersSupreme Judicial Court of Maine · 1839
- Fitzpatrick v. FeatherstoneSupreme Court of Alabama · 1841
- Meeker v. MeekerSupreme Court of Connecticut · 1844
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3Cited by15 opinions
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