De Yampert v. Manley
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Zachariah T. Wood, Chancellor; 1. The chancellor erred in treating the complaint as amended to set np an entirely new cause of action. Bliss on Code Pleading, § 429; 71 Ark. 222; 43 Id. 243; 59 Id. 441; 51 Ark.
Read the full summary
Appeal from Ashley Chancery Court; Zachariah T. Wood, Chancellor; 1. The chancellor erred in treating the complaint as amended to set np an entirely new cause of action. Bliss on Code Pleading, § 429; 71 Ark. 222; 43 Id. 243; 59 Id. 441; 51 Ark. Law Rep. 203; 58 Ark. 504; 76 Id. 146; 55 Id. 562; 7 Id. 516; 29 Id. 637; 49 Id. 94. 2. The chancellor erred in holding that a trust relation existed between de Yampert and Manley. 50 Ark. 71; 41 Id. 400; 95 Id. 496; 108 Id. 282. A mere verbal promise and its breach is not sufficient; there must be some element of fraud. 114 Id. 138. 3. The evidence…
1Opinion of the CourtMcCulloch, C. J.
J. B. Gabe owned a tract of land in Ashley county, Arkansas, described as the north fractional half of the northeast quarter of section ten (10), township nineteen (19) south, range five (5) west, and mortgaged the same to the American Freehold Mortgage Company to secure indebtedness evidenced by notes which were assigned by the mortgagee to William Gaines, and the latter instituted proceedings in the chancery court of Ashley county to foreclose the mortgage. A consent decree was entered by the chancery court on December 15, 1906, and said lands were condemned for sale by a commissioner of…
2Cases cited7 opinions
- Bank of Pine Bluff v. LeviSupreme Court of Arkansas · 1909
- Anglin v. CravensSupreme Court of Arkansas · 1905
- Forst v. DavisCourt of Appeals of Kentucky · 1897
- Strasner v. CarrollSupreme Court of Arkansas · 1916
- Cunningham v. BurkSupreme Court of Arkansas · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Nineteen Corp. v. Guaranty Financial Corp.Supreme Court of Arkansas · 1969
- Clarke v. the Fed. Land Bk. of St. LouisSupreme Court of Arkansas · 1939
- Hill v. BrittainSupreme Court of Arkansas · 1929
- Adams v. Allstate InsuranceDistrict Court, E.D. Arkansas · 1989
- O'Connor v. TownsendCourt of Appeals for the Eighth Circuit · 1937
2 more not listed; retrieve them via the Exa API.