McGuigan v. Gaines
Supreme Court of Arkansas
Appeal from Garland Chancery Court. A. Curl, Special Chancellor. STATEMENT BY THE COURT. On the 9th day of February, 1891, W. H. Gaines and others executed and delivered to Wm.
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Appeal from Garland Chancery Court. A. Curl, Special Chancellor. STATEMENT BY THE COURT. On the 9th day of February, 1891, W. H. Gaines and others executed and delivered to Wm. McGuigan a deed conveying to him certain land in Garland county, for which land McGuigan paid the sum of $4,600. The land conveyed is described in the deed as follows, to-wit: “The southwest quarter of the northwest quarter, the southwest fractional quarter, the south half of the southeast quarter, and the northwest quarter of the southeast quarter, all of section 18 in township three (3) south, range eighteen west,…
1Opinion of the Court
Riddick, J.,
(after stating the facts). This action was brought by the plaintiff to recover damages for breach of the covenants contained in his deed executed to him by the defendants. The defendants admit the execution of the deed, but allege that by the mistake of the attorney who drew the deed he failed to except from the conveyance certain land west of Gulpha Creek mentioned in the statement of facts, which defendants did not own, and for the loss of which plaintiff now asks damages. They allege that plaintiff well knew that defendants did not intend to convey this land west of the creek,…
2Cases cited4 opinions
- Southard v. . CurleyNew York Court of Appeals · 1892
- Insurance Co. v. NelsonSupreme Court of the United States · 1881
- Rector v. CollinsSupreme Court of Arkansas · 1885
- Sidway v. NicholSupreme Court of Arkansas · 1896
3Cited by49 opinions
- Goodrum v. Merchants & Planters BankSupreme Court of Arkansas · 1912
- Cherry v. BrizzolaraSupreme Court of Arkansas · 1909
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Parker v. CarterSupreme Court of Arkansas · 1909
- Mitchell Manufacturing Co. v. KempnerSupreme Court of Arkansas · 1907
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