Bramble v. Kingsbury
Supreme Court of Arkansas
APPEAL from Miller Circuit Court in Chancery. Hon.--, Circuit Judge. . 1. Defendants having pleaded an estoppel, the burden of proof was upon them to show clearly and, satisfactorily what the estoppel was, and the particular acts creating it. Danley v. Sector, 10 Ark., 887. The mere silence of appellant could not create an estoppel, nor did the deed conveying lot ten, with the rights, members, tenements, hereditaments and appurtenances, etc.
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APPEAL from Miller Circuit Court in Chancery. Hon.--, Circuit Judge. . 1. Defendants having pleaded an estoppel, the burden of proof was upon them to show clearly and, satisfactorily what the estoppel was, and the particular acts creating it. Danley v. Sector, 10 Ark., 887. The mere silence of appellant could not create an estoppel, nor did the deed conveying lot ten, with the rights, members, tenements, hereditaments and appurtenances, etc. The rule of caveat emptor would apply unless plaintiff knew defendant was buying with an erroneous opinion as to the location of said lot, etc. One who…
1Opinion of the CourtEaicin, J.
Appellant brought ejectment for a small slip of land on the side of a town lot, covered by a building mainly upon an adjoining lot, and occupied by defendant, Kingsbury. Clapp, the owner of the latter lot was admitted to defend, and set up an equitable answer.
The equities of the case result solely from the circumstances, and involve the doctrines of part performance and equitable estoppel. The facts essential to make this opinion intelligible are substantially as follows
Appellant had purchased by title-bond from the St. Louis and Iron Mountain Railroad Company, lot numbered ten, and Crabtree…
2Cited by10 opinions
- Holland v. BlanchardCourt of Appeals of Texas · 1924
- Simpson v. BiffleSupreme Court of Arkansas · 1896
- Rhodes v. CisselSupreme Court of Arkansas · 1907
- Waits v. MooreSupreme Court of Arkansas · 1909
- Conway National Bank v. PeaseSupreme Court of New Hampshire · 1912
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