Fletcher v. Simpson
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; E. G. Ecwnmock, Chancellor; STATEMENT oe pacts. Appellees brought this suit in equity against appellant to enforce the specific performance of a contract for the sale of certain land and personal property by C. M. Simpson to R. M. Fletcher. The complaint alleges that appellant is insolvent, and that the property is being neglected and deteriorating in value.
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Appeal from Ashley Chancery Court; E. G. Ecwnmock, Chancellor; STATEMENT oe pacts. Appellees brought this suit in equity against appellant to enforce the specific performance of a contract for the sale of certain land and personal property by C. M. Simpson to R. M. Fletcher. The complaint alleges that appellant is insolvent, and that the property is being neglected and deteriorating in value. The prayer of the complaint is that if the appellant is unable to perform his contract by reason of his insolvency, the land and personal property be sold and the proceeds be applied to the payment of…
1Opinion of the CourtHart, J.
(after stating the facts). Appellees move the court to affirm the decree for the reason that the transcript does not contain all of the evidence in the case upon which the decree of the chancery court was based.
A case in equity is heard de novo by the appellate court on the record made below. Under our practice oral evidence introduced in chancery cases may be made a part of the record by having it taken down in writing in open court and by leave filed with the papers in the case, by bill of exceptions, or by reducing the testimony to writing and embodying it as a recital in the record of the…
2Cases cited9 opinions
- Casteel v. CasteelSupreme Court of Arkansas · 1882
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Beecher v. BeecherSupreme Court of Arkansas · 1907
- Benjamin v. BirminghamSupreme Court of Arkansas · 1887
- Bradley Lumber Co. v. HamiltonSupreme Court of Arkansas · 1913
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Harmon v. HarmonSupreme Court of Arkansas · 1922
- McGraw v. BerrySupreme Court of Arkansas · 1922
- Chicago Title & Trust Co. v. Hagler Special School District No. 27Supreme Court of Arkansas · 1928
- Coleman v. MitchellSupreme Court of Arkansas · 1927
- Security Products Co. v. BookerSupreme Court of Arkansas · 1938
8 more not listed; retrieve them via the Exa API.