Legal Opinion

Morris v. Green

Supreme Court of Arkansas

Decided May 27, 1905PublishedCited by 8 opinions

Appeal from Lonoke Chancery Court. John Feetcher, Special Judge. It is the duty of the court to inquire into the facts and merits of each case, and decide it as they may direct. 3 Par. Contr. 351; 48 Ark. 413; 56 Miss. 670; 54 Ark. 16; 61 Ark. 266. Equity will not lend its aid to enforce a forfeiture. 33 Ark. 151; 66 Ark. 167; 27 Ark. 61; 32 Ark. 377; Bisp. Eq. 238; Pom. Eq.

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Appeal from Lonoke Chancery Court. John Feetcher, Special Judge. It is the duty of the court to inquire into the facts and merits of each case, and decide it as they may direct. 3 Par. Contr. 351; 48 Ark. 413; 56 Miss. 670; 54 Ark. 16; 61 Ark. 266. Equity will not lend its aid to enforce a forfeiture. 33 Ark. 151; 66 Ark. 167; 27 Ark. 61; 32 Ark. 377; Bisp. Eq. 238; Pom. Eq. Jur. § 459; 4 Kent, 130; 59 Ark. 408; 4 Johns, 415. Appellant has not taken the steps necessary to enforce a forfeiture. 18 Am. & Eng Enc. Law, 381; 29 Conn. 339; 1 How, 217; 15 Wall, 471; 140 U. S. 33i 59 Ark. 409; 46 U.…

1Opinion of the CourtHilu, C. J.

Morris sold Eli Green a forty-acre tract of land for $480. This. agreement was verbal, made about March 1, 1897, and no written evidence of the contract was to be made until a payment on purchase price was made. Green went into possession at once, and commenced improving the land. On the 28th of October, 1897, Green paid Morris $45 on the purchase price, which payment was satisfactory to Morris, who then drew a written contract between them. This contract provided for the payment of the $480 in four equal annual installments, evidenced by four notes executed by Green, due November- 1, 1897,…

2Cases cited5 opinions

  1. Goerke v. RodgersSupreme Court of Arkansas · 1905
  2. Quertermous v. HatfieldSupreme Court of Arkansas · 1890
  3. Ish v. Morgan, McRae & Co.Supreme Court of Arkansas · 1886
  4. Little Rock Granite Co. v. ShallSupreme Court of Arkansas · 1894
  5. Block v. SmithSupreme Court of Arkansas · 1895

3Cited by8 opinions

  1. Friar v. BaldridgeSupreme Court of Arkansas · 1909
  2. Souter v. WittSupreme Court of Arkansas · 1908
  3. Braddock v. EnglandSupreme Court of Arkansas · 1908
  4. Berry v. CrawfordSupreme Court of Arkansas · 1963
  5. Vernon v. McEntireSupreme Court of Arkansas · 1960

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