Evins v. Sandefur-Julian Co.
Supreme Court of Arkansas
Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; 1. The conditional agreement -relied on to vest title in George Julian was verbal, and not enforcible under the statute of frauds. Kirby’s Digest, § 3654; 37 Ark. 145; 3 Am. & Eng. Enc. of E. 424, note 1. 2. Appellee having failed to produce a deed to Geo.
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Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; 1. The conditional agreement -relied on to vest title in George Julian was verbal, and not enforcible under the statute of frauds. Kirby’s Digest, § 3654; 37 Ark. 145; 3 Am. & Eng. Enc. of E. 424, note 1. 2. Appellee having failed to produce a deed to Geo. Julian for the lot, or a certified copy thereof, and no reason being given for its non-production, his testimony was incompetent- to prove its existence. 4 Ark. 574; 28 Ark. 8; 7 Am. & Eng. Enc. 1 Ed., 87- 3. It was error to permit the sheriff’s return on the execution to be…
1Opinion of the CourtBattle, J.
After hearing all the evidence in this cause, the court found the facts to be as follows: “That on the 12th day of December, 1902, the defendant, Joseph Evins, in .consideration of the sum of one hundred dollars, sold to one George Julian lot No. 11, in block 56, Mt. Nebo, Yell County, Arkansas; that in the year 1893, by mutual consent of parties (Julian and the defendant), the said lot 11 in block 56 was exchanged for lot 13 in block 55, Mt. Nebo, and that the said George Julian and his father took possession of and made valuable improvements on the said last-mentioned lot; that at the time…
2Cases cited2 opinions
- Hardy v. HeardSupreme Court of Arkansas · 1854
- Young v. MitchellSupreme Court of Arkansas · 1878
3Cited by3 opinions
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