Drennen v. Boyer & Clark
Supreme Court of Arkansas
This was an action of debt determined in the Crawford circuit court, in December, 1843, before the Hon. R. C. S. Brown, one of the circuit judges, John Drennen, as surviving partner of Thompson and Drennen, sued Boyer & Clark, on a money bond for $450, dated 20lh November, 1841, due at nine months from date, with interest at 10 per cent, from due. After oyer craved and granted, the defendants filed four pleas.
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This was an action of debt determined in the Crawford circuit court, in December, 1843, before the Hon. R. C. S. Brown, one of the circuit judges, John Drennen, as surviving partner of Thompson and Drennen, sued Boyer & Clark, on a money bond for $450, dated 20lh November, 1841, due at nine months from date, with interest at 10 per cent, from due. After oyer craved and granted, the defendants filed four pleas. The first plea alleged that Drennen, on the day of the date of the bond, sold them a lot, in the town of Van Burén, for $450, secured by the bond, and that he then verbally promised…
1Opinion of the Court
By the Court,
Lacy, J.
This case falls precisely within the rule laid down by the court at the last term, in Byers vs. Aiken, Ark. Rep., and of course the demurrer should have been sustained to allthe pleas. The allegation of one of the pleas that the plaintiff was not the sole, but joint owner of the land agreed to be conveyed, for which the defendants executed their obligation, constitutes no good bar to the action. It is sufficient if the plaintiff is able to make a good title when the purchase money is paid or tendered. • The authorities cited in the brief on this point are conclusive. He…
2Cited by1 opinion
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