Western Tie & Timber Co. v. Newport Land Co.
Supreme Court of Arkansas
Appeal from Jackson Chancery Court. G. T. Humphries, Chancellor. statement by the court. The appellee brought suit in Jackson Chancery Court, alleging in its complaint that it claimed title to certain lands, which are described. “That on the 19th day of March, 1903, the Bank of Newport, a corporation, conveyed said land by a bond for title of that date to George R. Hays.
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Appeal from Jackson Chancery Court. G. T. Humphries, Chancellor. statement by the court. The appellee brought suit in Jackson Chancery Court, alleging in its complaint that it claimed title to certain lands, which are described. “That on the 19th day of March, 1903, the Bank of Newport, a corporation, conveyed said land by a bond for title of that date to George R. Hays. Said bond was duly executed 'and delivered, and the said George R. Hays on the 28th day of March, 1903, for value, assigned said bond for title to this plaintiff (appellee), said assignment being duly executed, acknowledged…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Even if we concede that the complaint shows an equitable title and right to possession, still the demurrer should have been sustained. This case is ruled by Myers v. Hawkins, 67 Ark. 413. The complaint does not show that the mischief sought to be enjoined would be remediless at law. The insolvency of the defendant is not alleged. There is no allegation that there will be continuing trespasses, making necessary a multiplicity of suits to redress the injury at law. No facts are alleged showing that there will be irreparable injury to the freehold. Carney v.…
2Cases cited1 opinion
- Myers v. HawkinsSupreme Court of Arkansas · 1900
3Cited by7 opinions
- DuFresne v. PaulSupreme Court of Arkansas · 1920
- Hall v. Wellman Lumber Co.Supreme Court of Arkansas · 1906
- Burnside v. Union Sawmill Co.Supreme Court of Arkansas · 1909
- Davis v. DavisSupreme Court of Arkansas · 1910
- McCarty v. WilsonSupreme Court of Arkansas · 1906
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