Vaughan v. Butterfield
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. Appellee sued appellant on a contract which provided: “That the said party of the first part has this day bargained to sell unto said party of the second part, and unto her heirs and assigns, the following described real estate, situated within the county of Pulaski, State of Arkansas, to-wit: lot three (3), block ten (10), in the town of Argenta, for the price and sum of three thousand…
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Appeal from Pulaski Circuit Court; Edward W. Winfield, Judge; STATEMENT BY THE COURT. Appellee sued appellant on a contract which provided: “That the said party of the first part has this day bargained to sell unto said party of the second part, and unto her heirs and assigns, the following described real estate, situated within the county of Pulaski, State of Arkansas, to-wit: lot three (3), block ten (10), in the town of Argenta, for the price and sum of three thousand five hundred dollars ($3,500), of which the said party of the second part has paid ten dollars ($10) cash in hand. It is to…
1Opinion of the Court
Wood, J.,
(after stating the facts). The only question presented for our consideration is whether a warranty deed executed by appellant which his wife refused to sign, relinquishing her rights of dower, was a compliance with the contract.
This is not a suit in equity for a specific performance of the contract, nor is it a suit by one in possession under an executed contract for breach of the covenants of warranty in his deed; nor is it a suit by one in possession under an executory contract to convey. When these distinctions are borne in mind, .it will be seen that there is no real conflict…
2Cases cited5 opinions
- Cross v. EvertsTexas Supreme Court · 1866
- Parks v. BrooksSupreme Court of Alabama · 1849
- Springle's Heirs v. ShieldsSupreme Court of Alabama · 1850
- Zebley v. SearsSupreme Court of Iowa · 1874
- Armstrong v. TruittSupreme Court of Arkansas · 1890
3Cited by8 opinions
- Silfvast v. AsplundMontana Supreme Court · 1933
- Brady v. Bank of Commerce of CowetaSupreme Court of Oklahoma · 1913
- Hirschman v. ForehandSupreme Court of Arkansas · 1914
- Sebold v. WilliamsonSupreme Court of Arkansas · 1942
- Hawkins v. LambSupreme Court of Arkansas · 1946
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