Moore v. Gordon
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. Before a court of equity will decree a specific performance of a parol contract for the sale of land the contract must be dearly and conclusively proven; must have been partially performed, and the acts of part performance must be referable to and done under and in consequence of it. 39 Ark., 4®9; 4 Wall., 513; 21 Ark., 279; 13 Penn. St., 16; 1 Johns.
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APPEAL from Phillips Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. Before a court of equity will decree a specific performance of a parol contract for the sale of land the contract must be dearly and conclusively proven; must have been partially performed, and the acts of part performance must be referable to and done under and in consequence of it. 39 Ark., 4®9; 4 Wall., 513; 21 Ark., 279; 13 Penn. St., 16; 1 Johns. Chy., 131; 3 Vcs., 381; 1 Bailey Eq., 118; Freem. Ch., 290 ; 5 Md., 184; 5 Rich. Eq., 170; 8 S. £ R., 543; 14 Pa. St., 260; 53 Am. Dec., 538 and note. Appellee…
1Opinion of the CourtEakin, J.
Moore, claiming an undivided interest in two lots in the town of Helena, on the eighteenth of April, 1883, filed a petition in the Circuit Court against Laura M. Leach, the undisputed owner of the remaining interest, seeking a partition. He alleges that said Laura and one Emmet Baldwin were tenants in common of the property; and that on the fifteenth of May, 1876, said Baldwin conveyed his interest to petitioner, who has been since, and is now, the lawful owner of that interest. The lots are described in the petition as being numbered 511 and 512 in “Old Helena.” The deed from Baldwin to…
2Cases cited1 opinion
- Mims v. LockettSupreme Court of Georgia · 1861
3Cited by26 opinions
- Young v. CrawfordSupreme Court of Arkansas · 1907
- Phillips v. JonesSupreme Court of Arkansas · 1906
- Ashcraft v. TuckerSupreme Court of Arkansas · 1918
- Head v. PhillipsSupreme Court of Arkansas · 1902
- Arkadelphia Lumber Co. v. ThorntonSupreme Court of Arkansas · 1907
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