Legal Opinion

McGee v. Russell

Supreme Court of Arkansas

Decided November 15, 1886PublishedCited by 3 opinions

APPEAL from Lafayette Circuit Court in Chancery. , L. A. Byrne, Judge. The ninth exception, that the master only allowed six per cent interest on the part of the purchase money he paid for the lands, instead of ten, was properly overruled. There was no evidence of an agreement that he should have any interest on purchase money paid. In that case he is only entitled to what the law gives in the absence of a contract. Mansf.

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APPEAL from Lafayette Circuit Court in Chancery. , L. A. Byrne, Judge. The ninth exception, that the master only allowed six per cent interest on the part of the purchase money he paid for the lands, instead of ten, was properly overruled. There was no evidence of an agreement that he should have any interest on purchase money paid. In that case he is only entitled to what the law gives in the absence of a contract. Mansf. Dig., sec. 4732. The statute does not authorize two commissioners to make partition, but all three. The three must act. The action of two commissioners was illegal and…

1Opinion of the Court

Fletcher, Special Judge.

In October, 1878, George W. Russell and Thomas T. McGee purchased the land in controversy, for which they agreed to pay $6000, and jointly executed six promissory notes therefor, bearing interest at the rate of 10 per cent per annum from date until paid. Both parties moved upon, improved and cultivated the.land; most of the improvements were made and most of the land was cultivated by Russell, who also paid the taxes and three of the notes first falling due, after their maturity.

In May, 1881, Russell filed the complaint in this case against McGee, in which he asked for…

2Cases cited1 opinion

  1. Nation v. RobertsSupreme Court of Alabama · 1852

3Cited by3 opinions

  1. Arnold v. ArnoldSupreme Court of Arkansas · 1936
  2. Briggs v. JacobsSupreme Court of Arkansas · 1958
  3. Fleming v. CardwellSupreme Court of Arkansas · 1909

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