Rugen v. Vaughan
Supreme Court of Arkansas
Appeal from Sevier Chancery Court; James D. Shaver, Chancellor; statement of facts. On the 17th day of March, 1919, Wes Vaughan brought this suit in equity against A. F. Rugen and John Turner for the specific performance of an oral contract for the sale of 40 acres of land.
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Appeal from Sevier Chancery Court; James D. Shaver, Chancellor; statement of facts. On the 17th day of March, 1919, Wes Vaughan brought this suit in equity against A. F. Rugen and John Turner for the specific performance of an oral contract for the sale of 40 acres of land. According to the testimony of Wes Vaughan, the contract of sale was made in October, 1917. The contract was an oral one, and under it Vaughan agreed to pay Rugen $500 for the land, $20 of which was to be paid in cash; $200 to be paid on the 1st day of January, 1918, and the balance was to be on deferred payments. Vaughan…
1Opinion of the CourtHart, J.
(after stating the facts). The decree of the chancellor was correct. That one who is already in possession of land as tenant and continues such possession after the making of a parol contract for the purchase thereof from his landlord does not thereby take the contract out of the statute of frauds. This court has held that possession to have the effect to take the case out of the statute must be exclusive, evincing the birth of a new estate, and distinguished from the continuation of an old one; and must not be referable to an antecedent right. McNeil v. Jones, 21 Ark. 277; Haines v. McGlone…
2Cases cited4 opinions
- Moore v. GordonSupreme Court of Arkansas · 1884
- Ashcraft v. TuckerSupreme Court of Arkansas · 1918
- Haines v. McGloneSupreme Court of Arkansas · 1884
- McNeill v. JonesSupreme Court of Arkansas · 1860
3Cited by8 opinions
- McCormick v. StonebrakerSupreme Court of Oklahoma · 1928
- Rolfe v. JohnsonSupreme Court of Arkansas · 1950
- Johnson v. KimmellSupreme Court of Oklahoma · 1935
- Reddin v. CottrellSupreme Court of Arkansas · 1929
- Central Bank v. DowntainSupreme Court of Arkansas · 1924
3 more not listed; retrieve them via the Exa API.