Legal Opinion

Evans v. Pettus

Supreme Court of Arkansas

Decided April 27, 1914PublishedCited by 13 opinions

Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. If the complaint states any cause of action within the jurisdiction of the chancery court, it should have retained jurisdiction and granted complete relief. 87 Ark. 210; 92 Ark. 28; 99 Ark. 438; 75 Ark. 52. The allegations of the complaint make a case for rescission and cancellation of the alleged contract, within the jurisdiction of the chancery court. 96 Ark. 263; 1 Pomeroy’s Eq. Jur.

Read the full summary

Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; 1. If the complaint states any cause of action within the jurisdiction of the chancery court, it should have retained jurisdiction and granted complete relief. 87 Ark. 210; 92 Ark. 28; 99 Ark. 438; 75 Ark. 52. The allegations of the complaint make a case for rescission and cancellation of the alleged contract, within the jurisdiction of the chancery court. 96 Ark. 263; 1 Pomeroy’s Eq. Jur. (3 ed.), § § 170-2; 4-Pomeroy’s Eq. Jur. (3 ed.), § 1377; 24 Am. & Eng. Enc. of L. (2 ed.) 627-8; 10 N. J. Eq. 146; 114 Fed. 395; 140…

1Opinion of the CourtMcCulloch, C. J.

Appellants, Mary E. Evans and her two children, John Cecil Blanton and Annie Mabel Blanton, the latter being infants, suing by their next friend, the said Mary E. Evans, instituted this action in the chancery court of St. Francis County against appellee, Jennie Lou Pettus, to restrain the latter from using a certain brick wall constituting- a part of a building situated on a lot owned by appellants in Forrest City and requiring appellee to cut loose from said wall, and to recover damages alleged to have been sustained by use of the wall by appellee. It is alleged in the complaint that…

2Cases cited4 opinions

  1. Watson v. Wolff-Goldman Realty Co.Supreme Court of Arkansas · 1910
  2. Wyman v. JohnsonSupreme Court of Arkansas · 1900
  3. Mueller v. LightSupreme Court of Arkansas · 1909
  4. Trulock v. ParseSupreme Court of Arkansas · 1907

3Cited by13 opinions

  1. Newport v. HattonCalifornia Supreme Court · 1924
  2. Askew v. Murdock Acceptance CorporationSupreme Court of Arkansas · 1955
  3. St. Paul-Mercury Indemnity Co. v. City of HughesSupreme Court of Arkansas · 1960
  4. Leffingwell v. GlendenningSupreme Court of Arkansas · 1951
  5. Flanagan v. RaySupreme Court of Arkansas · 1921

8 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API