Carwell v. Dennis
Supreme Court of Arkansas
Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. On the 4th day of April, 1910, H. T. Dennis instituted , this action in the chancery court of Cross County, against S. M. Carwell.
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Appeal from Cross Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. On the 4th day of April, 1910, H. T. Dennis instituted , this action in the chancery court of Cross County, against S. M. Carwell. His complaint alleges that on the 9th day of December, 1902, he sold and conveyed to S. M. Carwell, four hundred and twenty acres of land in Cross County, Arkansas, for the sum of $4,000, and that he received in payment therefor the sum of $400 in cash and a house and lot in the town of Windsor, in the State of Missouri, valued at $900, and a certain tract of land in…
1Opinion of the Court
Hart, J.,
(after stating the facts). 1. It will be noted that the plaintiff brought this suit to recover damages for alleged false representation in -making the contract, but no objection was made to the jurisdiction of the court by the defendant, and no motion was made to transfer the case to the circuit court. The chancellor treated the case as an action to rescind the contract for fraud, and entered a decree accordingly. Assuming that his action in this respect was within the scope of the issues as presented by the pleadings, we think his decision was wrong. The rule in such cases in this…
2Cases cited5 opinions
- Matlock v. ReppySupreme Court of Arkansas · 1886
- Carmack v. LovettSupreme Court of Arkansas · 1884
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Morton v. MortonSupreme Court of Arkansas · 1907
- Hill v. BushSupreme Court of Arkansas · 1858
3Cited by12 opinions
- State Ex Rel. Auchincloss, Parker & Redpath, Inc. v. HarrisSupreme Court of Missouri · 1942
- Held v. MansurSupreme Court of Arkansas · 1930
- Jones v. AinellSupreme Court of Arkansas · 1916
- Mewes v. MewesSupreme Court of Arkansas · 1915
- City National Bank v. SternbergSupreme Court of Arkansas · 1938
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