Tillar v. Clayton
Supreme Court of Arkansas
Appeal from Desha Chancery Court. Marcus L. Hawkins, Chancellor. statement by the court. Appellant, J. T. W. Tillar, brought this suit, claiming a lien,, as vendor, on eighty acres of land in Desha County, and praying-for foreclosure of the same. He alleged that he first sold the land by verbal contract to one C. C. Clayton, who died intestate before paying any part of the purchase price; leaving appellees, his widow and heirs, who were all defendants to the suit.
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Appeal from Desha Chancery Court. Marcus L. Hawkins, Chancellor. statement by the court. Appellant, J. T. W. Tillar, brought this suit, claiming a lien,, as vendor, on eighty acres of land in Desha County, and praying-for foreclosure of the same. He alleged that he first sold the land by verbal contract to one C. C. Clayton, who died intestate before paying any part of the purchase price; leaving appellees, his widow and heirs, who were all defendants to the suit. That thereafter, on July 8, 1898, appelleee L. A. Clayton, one of the children of C. C. Clayton, purchased-the land from appellant…
1Opinion of the CourtMcCurroch, J.
The conclusion of the chancellor was erroneous, and finds no support in the record. The evidence is undisputed that C. C. Clayton took possession of the land unde'r his verbal purchase from Tillar & Stanley, and neither he nor his heirs can dispute the title, while the .purchase money remains unpaid. Johnson v. Douglass, 60 Ark. 39.
The burden is upon the appellees to prove payment of the purchase price, and they introduced no proof at all tending to establish payment. On the contrary, the undisputed testimony of both Stanley and Tillar shows that nothing was ever paid on the purchase price.
The…
2Cases cited5 opinions
- Whittington v. FlintSupreme Court of Arkansas · 1884
- Duke v. StateSupreme Court of Arkansas · 1892
- Coleman v. HillSupreme Court of Arkansas · 1884
- Johnson v. DouglassSupreme Court of Arkansas · 1894
- Williams v. YoungSupreme Court of Arkansas · 1903
3Cited by9 opinions
- Little Rock & Fort Smith Railway Co. ex rel. St. Louis, Iron Mountain & Southern Railway Co. v. RankinSupreme Court of Arkansas · 1913
- Perry v. Arkadelphia Lumber Co.Supreme Court of Arkansas · 1907
- Cleary v. Sledge Properties, Inc.Court of Appeals of Arkansas · 2010
- Cleveland v. AldridgeSupreme Court of Arkansas · 1910
- Williams v. BakerSupreme Court of Arkansas · 1944
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