Baugh v. Johnson

This is a specific performance case. In Carrick v. Gorman, 232 Ark. 729, 733, 340 S. W.2d 377,380 (1960), the Supreme Court stated the rule that a vendor must have good title when he sues for specific performance. Here, everyone agrees appellees’ title is defective because at least two people hold a part of the subject land adversely. The majority’s decision upholding the trial court’s order granting the appellees (vendors) specific performance is clearly contrary to the rule of property announced in Carrick v. Gorman.

The majority relies on the case of Yeates v. Pryor, 11 Ark. 58 (1850). In…