Legal Opinion

Jarratt v. Langston

Supreme Court of Arkansas

Decided June 19, 1911PublishedCited by 23 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Appellant’s complaint stated a cause of action cognizable in equity.

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Appeal from Sebastian Circuit Court, Fort Smith District; Daniel Hon, Judge; Appellant’s complaint stated a cause of action cognizable in equity. To the extent of the $1,500.00 of the capital stock of the Southern Bank & Trust Company mentioned in the deed as a part of the consideration, -there was a total failure of consideration, and appellant was entitled to have a lien declared upon the land conveyed as for balance -of purchase -money. 6 N. Y. Ch. 324-335; 36 Barbour 195-200; 55 N. Y. 139-144. Appellant’s acceptance of the stock in payment does not prevent her from asserting her vendor’s…

1Opinion of the CourtFrauenti-iae, J.

This was a suit instituted by the appellant in the Sebastian Chancery Court to recover from appellee an alleged balance claimed to be due upon the purchase money of a tract of land, and to enforce the vendor’s lien therefor. The complaint alleged in substance that on October 28, 1905,' appellant sold and conveyed to appellee a tract of land in Sebastian County for the agreed price of $4,500, which was to be paid in the following manner: five hundred dollars in cash, which was paid; fifteen hundred dollars of the capital stock of -the Southern Bank & Trust Company; one note for $1,000 due six…

2Cases cited28 opinions

  1. McAleer v. HorseyCourt of Appeals of Maryland · 1872
  2. Nysewander v. LowmanIndiana Supreme Court · 1890
  3. Leonard v. SpringerIllinois Supreme Court · 1902
  4. Picard v. McCormickMichigan Supreme Court · 1862
  5. Salyers v. SmithSupreme Court of Arkansas · 1900

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

3Cited by23 opinions

  1. Askew v. Murdock Acceptance CorporationSupreme Court of Arkansas · 1955
  2. Brown v. LeMaySupreme Court of Arkansas · 1911
  3. Grosgebauer v. SchneiderWashington Supreme Court · 1934
  4. Bank of Monette v. HaleSupreme Court of Arkansas · 1912
  5. Powers v. JohnsonCourt of Appeals for the Eighth Circuit · 1934

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

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