Johnson v. Douglass
Supreme Court of Arkansas
Appeal from Lincoln Circuit Court in Chancery, Varner District. John M. Eeeiott, Judge. STATEMENT BY THE COURT. The questions in this case arose in an action brought by Zuleika and Thomas Douglass, in Lincoln county, against appellants, Jarrett Johnson and Henry W. Wiley.
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Appeal from Lincoln Circuit Court in Chancery, Varner District. John M. Eeeiott, Judge. STATEMENT BY THE COURT. The questions in this case arose in an action brought by Zuleika and Thomas Douglass, in Lincoln county, against appellants, Jarrett Johnson and Henry W. Wiley. They alleged in their complaint that they had sold said Johnson & Wiley certain lands in said county for the sum of $3,846.50 ; that of this sum $641.10 was paid in cash ; and that Johnson & Wiley gave four notes for the payment of the remainder, payable to said Zuleika Douglass, for the sum of $641.15 each, due in one, two,…
1Opinion of the Court
Riddick, J.,
1. Failure of title as defense to suit to foreclose vendor’s lien. (after stating the facts). The question in this case is whether the court erred in sustaining a demurrer to the answer and cross-complaint filed by Johnson & Wiley. The appellees, Zuleika and Thomas Douglass, had given their bond to the appellants, Johnson & Wiley, for a warranty deed ; but no deed had been delivered, and the contract was to that extent executory.
A different rule prevails where the contract remains executory from that which applies when the purchaser has accepted a deed for land, given his notes…
2Cases cited4 opinions
- Harvey v. MorrisSupreme Court of Missouri · 1876
- Bryan v. Lofftus's adm'rsSupreme Court of Virginia · 1842
- Rudd v. SavelliSupreme Court of Arkansas · 1884
- McConnell v. LittleSupreme Court of Arkansas · 1888
3Cited by6 opinions
- Pugh v. StiglerSupreme Court of Oklahoma · 1908
- Casey v. DorrSupreme Court of Arkansas · 1910
- Tillar v. ClaytonSupreme Court of Arkansas · 1905
- Coop v. JohnsonSupreme Court of Arkansas · 1935
- Rodgers v. VaughnSupreme Court of Arkansas · 1946
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