Brooks v. Isbell
Supreme Court of Arkansas
Appeal from, Lawrence Circuit Court in Chancery. lion. Wm. R. Cain Special Judge. The application of Brooks to a court of equity is not to enforce the specific execution of a verbal contract for the sale of land, but to obtain a conveyance for land, to which a conveyance had been made to him, and which conveyance, by the fraudulent act of Isbell, had been destroyed. Hunter vs. Semral et al. 5 Litt. 63; Kent's Com.
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Appeal from, Lawrence Circuit Court in Chancery. lion. Wm. R. Cain Special Judge. The application of Brooks to a court of equity is not to enforce the specific execution of a verbal contract for the sale of land, but to obtain a conveyance for land, to which a conveyance had been made to him, and which conveyance, by the fraudulent act of Isbell, had been destroyed. Hunter vs. Semral et al. 5 Litt. 63; Kent's Com. (6 Ed.) 456; Souverbye vs. Arden 1 C. R. 240; 15 Wend. 545 ; 6 Conn. Ill ; Ch. on Con. (8 Amer. Ed.) 4. Upon the re-delivery of the deed to Isbell to obtain a relinquishment of his…
1Opinion of the Court
Hon. Harris Fx.anagin, Special Judge,
delivered the opinion of the court;
Tin's was a bill in chancery, brought by Brooks against Isbell for several tracts of land.
The hill alleges that Isbell sold to Brooks several tracts of land, for which Brooks was to pay two thousand dollars in swamp land scrip, and that a deed was made, executed and delivered by Isbell, when, upon reflection, the deed was returned to Isbell upon his promise to get his wife’s signature, have the deed acknowledged, and return it in the course of a week. The deed was made June 24th, A. D. 1853. The complainant paid three…
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