Pettit v. Stuttgart Normal Institute
Supreme Court of Arkansas
Appeal from Arkansas Chancery Court. A misnomer of parties to a judgment can be taken advantage of only by plea, and is waived if not so called to the court’s attention. 1 Freeman, Judg. § 154; 55 Ark. 200; 5 id. 234; 6 Ark. 68; 18 How. 409. App.ellee, having acquired title through appellant’s lessee, is not in a position to contest appellant’s title. 49 S. W. 494; 43 Ark. 28; 31 Ark. 472. Appellant had a right to perform the conditions of the deed, and keep the lands. 2…
Read the full summary
Appeal from Arkansas Chancery Court. A misnomer of parties to a judgment can be taken advantage of only by plea, and is waived if not so called to the court’s attention. 1 Freeman, Judg. § 154; 55 Ark. 200; 5 id. 234; 6 Ark. 68; 18 How. 409. App.ellee, having acquired title through appellant’s lessee, is not in a position to contest appellant’s title. 49 S. W. 494; 43 Ark. 28; 31 Ark. 472. Appellant had a right to perform the conditions of the deed, and keep the lands. 2 Paine, 545. The burden of proof is on him who seeks a forfeiture for condition broken. 4 Gray, 145; 38 N. H. 127; S. C. 75…
1Opinion of the CourtBattle, J.
The Stuttgart Normal Institute, a corporation organized under the laws of Arkansas for the purpose of establishing and maintaining an institution of learning at Stuttgart, in this state, purchased block 96 in the Improvement Company’s Addition to that town, and built a house on it, to be used as a college, and furnished it for that purpose. On the 23d day of November, 1889, “W. M. Price, president, and L. R. Moss, secretary of the Stuttgart Normal Institute,” in consideration of the sum of one dollar, and the undertakings of the grantees hereinafter set out, conveyed the said block 96 to W.…
2Cited by4 opinions
- St. Louis-San Francisco Railway Co. v. WhiteSupreme Court of Arkansas · 1939
- McCullough v. Swifton Consolidated School DistrictSupreme Court of Arkansas · 1941
- Jeffries v. State, Use of Woodruff CountySupreme Court of Arkansas · 1947
- Johnson v. LaneSupreme Court of Arkansas · 1940