Fitzhugh v. Davis
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. In this case the appellee sold the entire place to appellant, representing that he had a good title, and appellant bought relying upon said representations ; it turns out that the title to nearly one-third of the place proves defective, and according to reliable witnesses the place, as a plantation, has been most materially depreciated thereby; it is such a plain and palpable mistake,…
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APPEAL from Phillips Circuit Court in Chancery. Hon. M. T. Sanders, Circuit Judge. In this case the appellee sold the entire place to appellant, representing that he had a good title, and appellant bought relying upon said representations ; it turns out that the title to nearly one-third of the place proves defective, and according to reliable witnesses the place, as a plantation, has been most materially depreciated thereby; it is such a plain and palpable mistake, affecting the very substance of the subject matter of the contract, that a court of equity will rescind the contract. 5 Waite…
1Opinion of the Court
Hon. J. W. Martin, Sp. J.
The appellant, Fitzhugh, purchased of J. Cole Davis, appellee, on the 8th day of January, 1877, a plantation in Phillips county, of 960 acres, known as the “ Back Rabb ” place, described as follows: West half of southwest quarter of section 14; south half 15; southeast quarter 16 ; north half 22, and west half northwest 23, township 3 south, 4 east. The contract price was $12,000; cash $4,000, and two notes of $4,000 each, payable on the 1st days of April, 1878, and 1879, with 10 per cent, interest, from date till paid. These notes were secured by a deed of trust…
2Cases cited2 opinions
- Smith v. RichardsSupreme Court of the United States · 1839
- Ludington v. RenickWest Virginia Supreme Court · 1874
3Cited by15 opinions
- Neely v. RembertSupreme Court of Arkansas · 1902
- McCormick v. DaggettSupreme Court of Arkansas · 1924
- Ryan v. BatchelorSupreme Court of Arkansas · 1910
- Kilgo v. Continental Casualty Co.Supreme Court of Arkansas · 1919
- Sellards v. AdamsCourt of Appeals of Kentucky · 1921
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