Rector v. Collins
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court. Hon. E. E. Tiller, Circuit Judge. First — The court erred in refusing to reform the notes, so as to make them bear 10 per cent, interest, after as well as before maturity.
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APPEAL from Sebastian Circuit Court. Hon. E. E. Tiller, Circuit Judge. First — The court erred in refusing to reform the notes, so as to make them bear 10 per cent, interest, after as well as before maturity. Mere mistakes of law are not remediable in equity. ' But where an instrument is drawn and executed, which is intended to'carry into effect an agreement, whether in writing or by parol, previously entered into, but which by mistake of the draughtsman, either as to facts or law, does not comply with, or which violates the manifest intention of the parties to the agreement, equity will…
1Opinion of the CourtBattle, J.
The object of this action is the recovery of a balance due on certain promissory notes executed by James M. Collins to Elias Rector, in his lifetime, for the purchase-money of certain lands described in the complaint, which were sold by Elias Rector to Collins, and the ■enforcement of a vendor’s lien. The complaint alleges that Rector agreed to sell the land to Collins for the sum of $21,120, to be paid in three installments, and that Collins agreed to execute to him his three several promissory notes for the purchase-money, bearing interest at the rate of 10 per centum per annum from their…
2Cases cited2 opinions
- Hunt v. RhodesSupreme Court of the United States · 1828
- Bank of the United States v. DANIELSupreme Court of the United States · 1838
3Cited by14 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Fullerton v. StorthzSupreme Court of Arkansas · 1930
- Gall v. Union Nat'l Bank of Little Rock, TrusteeSupreme Court of Arkansas · 1942
- McCracken v. McBeeSupreme Court of Arkansas · 1910
- Ryder v. RyderSupreme Court of Rhode Island · 1895
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