McConnell v. Little
Supreme Court of Arkansas
APPEAL from Sebastian Circuit Court, Greenwood District. James F. Read, Special Judge. A good and sufficient deed for the land purchased should have been tendered before suit and brought into court. 39 Ark., 309.; 21 Id., 237; 23 Id., 586; 44 Id., ISO, 196; 28 Id., 32-180; 37 Ark., 626. The appellees were not the vendors of McConnell and had no interest in the lots sold.
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APPEAL from Sebastian Circuit Court, Greenwood District. James F. Read, Special Judge. A good and sufficient deed for the land purchased should have been tendered before suit and brought into court. 39 Ark., 309.; 21 Id., 237; 23 Id., 586; 44 Id., ISO, 196; 28 Id., 32-180; 37 Ark., 626. The appellees were not the vendors of McConnell and had no interest in the lots sold. Appellant accepted the deed from McMillan, and if he discovered a mistake, he should have returned it and asked for its correction. The mistake was mutual and appellant must look to McMillan to correct the description. 37…
1Opinion of the CourtBattle, J.
One McMillan was the owner of certain lots in Greenwood in Sebastian county and was indebted to Little & Gaines. They agreed to sell the lots for him and appropriate the purchase money to the payment of his indebtedness to them; and sold to McConnell. McConnell paid all the purchase money except one hundred dollars, and Little & Gaines agreed to procure from McMillan a deed to McConnell for the lots. McConnell took possession and Little & Gaines procured a deed from McMillan to McConnell and delivered it to him, and he received it without objection. The one hundred dollars were to be paid…
2Cited by1 opinion
- Johnson v. DouglassSupreme Court of Arkansas · 1894