Nothwang v. Harrison
Supreme Court of Arkansas
Appeal from. Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. Oral testimony to contradict the deed was not admissible. 94 Ark. 130; 95 Id. 131; 102 Id. 575; 112 Id. 1. 2. The court erred in refusing plaintiff’s instructions Nos. 1 and 7. Plaintiff had a lien under § 400 of Kirby’s Digest. It was error to give defendant’s instructions Nos. 3, 6 and 8. They are not the law.
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Appeal from. Pulaski Circuit Court, Second Division; Guy Fulk, Judge; 1. Oral testimony to contradict the deed was not admissible. 94 Ark. 130; 95 Id. 131; 102 Id. 575; 112 Id. 1. 2. The court erred in refusing plaintiff’s instructions Nos. 1 and 7. Plaintiff had a lien under § 400 of Kirby’s Digest. It was error to give defendant’s instructions Nos. 3, 6 and 8. They are not the law. There was no consideration for the extension of time and no promise to extend the time was ever made. The jury were misled and the verdict is not sustained by the evidence. 1. Appellees did not attempt to…
1Opinion of the CourtSmith, J.
Appellant sold appellees certain timber standing on lands which he owned on December 30, '1911, and gave them two and one-half years in which to cut and remove it. Certain timber was cut after the expiration of this time by appellees, and this suit was brought to recover its value. The complaint recited that timber had been cut on other lands owned by appellant which he had never sold appellees. There was also included in the complaint a count for damages resulting from throwing timber and brush in a creek in such a manner as to dam up the creek and cause it to overflow appellant’s lands.
It…
2Cited by13 opinions
- In Re Applications of SabongyNew Jersey Superior Court Appellate Division · 1952
- Nakdimen v. First National BankSupreme Court of Arkansas · 1928
- Worbetz v. GoodmanNew Jersey Superior Court Appellate Division · 1957
- Publix Asbury Corp., Inc. v. City of Asbury ParkNew Jersey Superior Court Appellate Division · 1951
- Morning Star Mining Co. v. BennettSupreme Court of Arkansas · 1924
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