Crawford v. McDonald
Supreme Court of Arkansas
Appeal from Clark Chancery Court; James D. Shaver, Chancellor; 1. Appellee’s defense is based upon a breach of warranty in the deed, — an independent claim, sounding in damages. It could only be sustained by presenting it, properly verified, to the administrator before commencement of suit.
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Appeal from Clark Chancery Court; James D. Shaver, Chancellor; 1. Appellee’s defense is based upon a breach of warranty in the deed, — an independent claim, sounding in damages. It could only be sustained by presenting it, properly verified, to the administrator before commencement of suit. Kirby’s Digest, § § no, 113, 114, 119 and note; 66 Ark. 327; 48 Ark. 304. 2. It was error to admit as evidence certified copies of a lease contract from Stewart to the Long View Lumber Company, and of two deeds of trust from Stewart to Clark, without sufficient proof of the loss or inaccessibility of the…
1Opinion of the CourtBattle, J.
On the 24th of January, 1902, T. J. SteAvart and his wife, Helen A. Stewart, for one hundred and sixty dollars (seventy-five dollars of which were paid, and for the remainder two notes for $42.50 each were executed by the purchaser to T. J. Stewart) sold and conveyed to James PI. McDonald a certain tract of land, and retained a lien thereon for the unpaid purchase money. One of the notes was due on the 15th day of November, 1902, and the other on the 15th day of November, 1903. Both were executed on the 23d day of January, 1902, and bore “ten per cent, interest till paid.” T. J. Stewart…
2Cases cited1 opinion
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
3Cited by11 opinions
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- Brawley v. CopelinSupreme Court of Arkansas · 1913
- Bass v. StarnesSupreme Court of Arkansas · 1913
- Kahn v. CherrySupreme Court of Arkansas · 1917
- Arkansas Trust Co. v. BatesSupreme Court of Arkansas · 1933
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