Carrick v. Gorman

George Rose Smith, J.,

on rehearing. In a petition for rehearing the appellee Gorman earnestly contends that we have abrogated the settled rule which requires a vendee-defendant to plead and prove the specific defect of title that he relies upon to defeat the vendor’s suit for specific performance. To support his position Gorman cites Bolton v. Branch, 22 Ark. 435; Walker v. Towns, 23 Ark. 147; Anderson v. Mills, 28 Ark. 175; Benjamin v. Hobbs, 31 Ark. 151; McGowan v. Smith, 68 Ark. 215, 57 S. W. 256; and Lone Rock Bank v. Pipkin, 169 Ark. 491, 276 S. W. 588.

We adhere to the cited decisions,…