Oliver v. Clifton
Supreme Court of Arkansas
Appeal from Conway Circuit Court in Chancery. Jeremiah G. Wallace, Judge. A reformation of the deed is indispensable to plaintiff’s recovery, for without it he shows no title to the land ; but he cannot reform a deed made by Wilson to Carroll as executor, in a suit where the only party defendant is a stranger to the conveyance. Wilson, or his heirs, or those claiming under him, were necessary parties. 20 A. & R. Rnc. Raw, 717; 15 id. 681; 18 Atl.
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Appeal from Conway Circuit Court in Chancery. Jeremiah G. Wallace, Judge. A reformation of the deed is indispensable to plaintiff’s recovery, for without it he shows no title to the land ; but he cannot reform a deed made by Wilson to Carroll as executor, in a suit where the only party defendant is a stranger to the conveyance. Wilson, or his heirs, or those claiming under him, were necessary parties. 20 A. & R. Rnc. Raw, 717; 15 id. 681; 18 Atl. Rep; 169; 31 N. H. 193; 47 Me. 507; 37 Mo. 363; 47 Ind. 211; 75 111. 473. The cases cited by appellant to show that the prayer for reformation comes…
1Opinion of the CourtHughes, J.
This is a suit in ejectment to recover the lands described in the complaint, brought by the appellee, alleging title in himself and unlawful possession by appellant. The complaint seeks to deraign title through Rmzy Wilson, who, it alleges, bought the land from the State as swamp land, 23d March, 1854, and conveyed the same to George W. Carroll, as executor of Robert Armstrong, and delivered possession of it to him 21st February, 1859. It further alleges that the sheriff of Conway county sold the same on execution as the property of Hibernia, widow and legatee of Robert Armstrong, on the 21st…
2Cases cited6 opinions
- Durham v. BischofIndiana Supreme Court · 1874
- Asheey v. Little RockSupreme Court of Arkansas · 1892
- Watson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Pierce v. FaunceSupreme Judicial Court of Maine · 1859
- Haley v. BagleySupreme Court of Missouri · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Welch v. JohnsonOregon Supreme Court · 1919
- Indian River Manufacturing Co. v. WootenSupreme Court of Florida · 1904
- McClelland v. McClellandSupreme Court of Arkansas · 1951
- Simon v. HineSupreme Court of Oklahoma · 1920
- Stallcup v. StevensSupreme Court of Arkansas · 1959
4 more not listed; retrieve them via the Exa API.