Dyer v. Dyer
Supreme Court of Arkansas
Appeal from Lincoln Chancery Court; John M. Elliott, Chancellor; 1. Where one occupies land under a parol contract with the 'owner, and makes Valuable improvements, the ease does not fall within - the statute of frauds. The statute of frauds can not in courts of equity be made a means -of fraud. The doctrine .of part performance is well established in -this State. 1 Story, Eq.
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Appeal from Lincoln Chancery Court; John M. Elliott, Chancellor; 1. Where one occupies land under a parol contract with the 'owner, and makes Valuable improvements, the ease does not fall within - the statute of frauds. The statute of frauds can not in courts of equity be made a means -of fraud. The doctrine .of part performance is well established in -this State. 1 Story, Eq. Jur., § 759; 1 Ark. 391; 21 Id. 110; 19 Id. 23; 48 Id. 535; 30 Id. 249; 42 Id. 246; 68 Id. 150; 76 Id. 363; 76 U. S. (19’L. EL) 560; 83 Ark. 340; 91 Id. 280; 16. 468; 97 Id. 366; 105 Id. 494 ; 55 Id. 583; 22 N. E. 537;…
1Opinion of the CourtMcCulloch, C. J.
This case involves a controversy over the title to a tract of 120 acres of land in Lincoln County, Arkansas. Appellees, Ella Josephine -and Edwin R. Dyer, are the widow and only child, respectively, of E. R. Dyer, deceased, who it is claimed, was the owner of the land. Their contention is that appellant, J. W. Dyer, entered into possession of said land as a tenant of said E. R. Dyer, and since 'the death .of the latter appellant has refused to surrender possession after termination of his tenancy. Appellant contends, on the contrary, that he entered into possession of the land in controversy…
2Cases cited1 opinion
- Young v. CrawfordSupreme Court of Arkansas · 1907
3Cited by6 opinions
- Coffey v. CoffeySupreme Court of Arkansas · 1954
- Burnett v. ClarkSupreme Court of Arkansas · 1945
- Bush v. BourlandSupreme Court of Arkansas · 1943
- Childers v. O'NEALSupreme Court of Arkansas · 1972
- Owen v. UmbergerSupreme Court of Arkansas · 1947
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