Heard v. Knights of Honor
Supreme Court of Arkansas
Appeal.from Conway Circuit Court in Chancery. This was an action by the Morning Star Lodge of Knights of Honor against George M. Heard for the purchase money of a tract of land, the deed for which, as alleged in the complaint, had, in pursuance of the sale, been delivered to W. J. Stowers as an escrow, subject to the orders of Heard upon payment of the purchase money, which he agreed to pay on January 1, 1891. Heard, in his answer, admitted that he had agreed to purchase the…
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Appeal.from Conway Circuit Court in Chancery. This was an action by the Morning Star Lodge of Knights of Honor against George M. Heard for the purchase money of a tract of land, the deed for which, as alleged in the complaint, had, in pursuance of the sale, been delivered to W. J. Stowers as an escrow, subject to the orders of Heard upon payment of the purchase money, which he agreed to pay on January 1, 1891. Heard, in his answer, admitted that he had agreed to purchase the land, and that a deed had been prepared and delivered to Stowers, as stated. But he alleged that, at the time of…
1Opinion of the CourtHemingway, J.
1» Defense to action for price of land.
The defendant admitted in his answer that he contracted to buy the land at the price claimed in the complaint, and the only ground relied upon to defeat a recovery was that the plaintiff’s title was encumbered. In our opinion the defense is unavailing. When the contract was made, the plaintiff prepared and tendered a deed which the defendant agreed to accept, and which, under the contract, was deposited as an escrow, beyond plaintiff’s control, to be delivered to the defendant when he paid the stipulated price. The plaintiff satisfied the terms of the…
2Cited by1 opinion
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