Nakdimen v. Brazil
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; STATEMENT OP PACTS. In 1916 Nakdimen brought suit against Brazil and the Midland Savings Loan Association. Among other things the court found that Nakdimen agreed to convey to Brazil a certain tract of land in Oklahoma of the agreed value of $3,000, and that Nakdimen refused to deliver a deed to the land according to the agreement.
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Appeal from Sebastian Chancery Court, Fort Smith District; W. A. Falconer, Chancellor; STATEMENT OP PACTS. In 1916 Nakdimen brought suit against Brazil and the Midland Savings Loan Association. Among other things the court found that Nakdimen agreed to convey to Brazil a certain tract of land in Oklahoma of the agreed value of $3,000, and that Nakdimen refused to deliver a deed to the land according to the agreement. Upon such finding, on November 2, 1916, the court rendered a decree in favor of Brazil against Nakdimen, which among other recitals contains the following: “It is further…
1Opinion of the Court
WOOD, J.,
(after stating the facts). It thus appears that there are two questions for decision.
First. Did appellee have the right to enforce money judgment in his favor against the appellant, because of the failure of the latter to tender a deed within sixty days from the time the original decree was rendered?
Appellee owned a valuable piece of real estate in the-city of Port Smith which he had mortgaged to the Midland Savings Loan Association to secure a loan of money in the sum of $15,000. Appellee sold and conveyed this real estate to the appellant. Part of the consideration for the…
2Cases cited1 opinion
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