Hoppes v. Cheek
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge. The testimony utterly failed to make out fraud upon the part of appellant or Lyles, but on the other hand fraud and oppression on the part of the appellees were proved. That the money was unpaid on the day of sale, that the required notice was given and the sale made on the proper day, between the hours, and at the place designated by the deed of trust, was not controverted.
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Appeal from Crittenden Circuit Court in Chancery. Hon. George W. Beazley, Circuit Judge. The testimony utterly failed to make out fraud upon the part of appellant or Lyles, but on the other hand fraud and oppression on the part of the appellees were proved. That the money was unpaid on the day of sale, that the required notice was given and the sale made on the proper day, between the hours, and at the place designated by the deed of trust, was not controverted. The alleged promise of Lyles to postpone the sale, amounted to nothing. It was not pretended that appellees desired delay to enable…
1Opinion of the CourtJustice Compton
On the 17th June, 1851, Jacob Hoppes, as the guardian of John F. Hoppes, sold to Elijah Cheek, under an order of the Probate Court, a tract of land — the property of his ward — lying on the Mississippi river, in the county of Crittenden, for two thousand dollars, of which sum twelve hundred and fifty dollars were paid down in cash. The contract of sale was reduced to writing, and, according to its terms, Hoppes, after having the land surveyed, was to convey it to Cheek, on 1st December, 1851, by deed in fee simple, with covenants of general warranty, and deliver possession free from…
2Cases cited3 opinions
- Bumpus v. PlatnerNew York Court of Chancery · 1814
- Simpson v. HawkinsCourt of Appeals of Kentucky · 1833
- Penn's ad. v. TollesonSupreme Court of Arkansas · 1859
3Cited by2 opinions
- Bedell v. ChristySupreme Court of Kansas · 1901
- Lampkin v. LongSupreme Court of Arkansas · 1956