Dennis v. Dennis
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; Jolm E. Marlin eau, Chancellor; Gertrude Dennis and Alicia Watkins were the only parties to the contract. One does not acquire rights under a contract to which he was not a party, simply by signing the contract. Anson on Contracts, p. 273; 127 Am. St. Rep. 77; 119 Fed.. 191; 19 Am. St. Rep. 517. Therefore, the husbands of these parties obtained no rights under the contract to be named as grantees in the deed.
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Appeal from Pulaski Chancery Court; Jolm E. Marlin eau, Chancellor; Gertrude Dennis and Alicia Watkins were the only parties to the contract. One does not acquire rights under a contract to which he was not a party, simply by signing the contract. Anson on Contracts, p. 273; 127 Am. St. Rep. 77; 119 Fed.. 191; 19 Am. St. Rep. 517. Therefore, the husbands of these parties obtained no rights under the contract to be named as grantees in the deed. In sales of real estate it is absolutely essential that the parties be named. 1.1. L. R. A. 143; Elliott’ on Contracts, vol. 2, sec. 1306, p. 550;…
1Opinion of the CourtMcCulloch, C. J.
Appellant instituted this action in the chancery court of Pulaski County, praying for the reformation of a deed conveying a certain tract of land to herself and her husband and other persons. Her bus-band was one of the defendants, and he and his mortgagee, who intervened in the action, are the appellees. ‘The rights of the other parties to the.suit have passed out of the litigation, and the present appeal concerns the respective rights of appellant and her husband, one the appellees, and the latter’s mortgagee.
The deed sought to be reformed is one which was executed to appellant and her1…
2Cases cited3 opinions
- Hall v. StephensSupreme Court of Missouri · 1877
- Union & Mercantile Trust Co. v. HudsonSupreme Court of Arkansas · 1921
- Parrish v. ParrishSupreme Court of Arkansas · 1921
3Cited by9 opinions
- Nelson v. HotchkissSupreme Court of Missouri · 1980
- Weir v. BrighamSupreme Court of Arkansas · 1951
- Ryan v. RoopSupreme Court of Arkansas · 1949
- Shinn v. ShinnSupreme Court of Arkansas · 1981
- United States v. 48.9 Acres of Land in Pike CountyDistrict Court, W.D. Arkansas · 1949
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