Shirey v. Beard
Supreme Court of Arkansas
Appeal from Craighead Circuit Court, Jonesboro District. T. P. McGovern, Special Judge. Defendant is not entitled to rescissions of the contract because— 1. If there ever was any trust relationship, it was dissolved and repudiated by plaintiff more than a year before the sale of the land, and it is not contended that defendant agreed to pay more than the land was worth, or that he was in any manner deceived by defendant or forced him to make the trade. 2. Defendant was in…
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Appeal from Craighead Circuit Court, Jonesboro District. T. P. McGovern, Special Judge. Defendant is not entitled to rescissions of the contract because— 1. If there ever was any trust relationship, it was dissolved and repudiated by plaintiff more than a year before the sale of the land, and it is not contended that defendant agreed to pay more than the land was worth, or that he was in any manner deceived by defendant or forced him to make the trade. 2. Defendant was in possession of all the facts when the trade was made, and he delayed making any objections to it for more than seven years.…
1Opinion of the CourtBattle, J.
On the 15th of June, 1893, A. W. Shirey instituted an action against Calvin Beard, and alleged in his complaint that he was, on the 31st day of May, 1886, the owner of a certain tract of land, which he described; that he sold it on that day to the defendant for $500, for which the defendant executed to him his two promissory notes, each for $250, payable, respectively, eight and twenty months after date, and bearing ten per cent, per annum interest; that the note last falling due remained unpaid; and that the defendant was further indebted to him in the sum of one hundred and fifteen dollars…
2Cases cited5 opinions
- Mulholland v. . YorkSupreme Court of North Carolina · 1880
- Fleetwood v. City of New YorkThe Superior Court of New York City · 1849
- Brittin v. HandySupreme Court of Arkansas · 1859
- Vick v. ShinnSupreme Court of Arkansas · 1886
- McNair v. PopeSupreme Court of North Carolina · 1888
3Cited by3 opinions
- Satchfield v. Laconia Levee DistrictSupreme Court of Arkansas · 1905
- Odell & Kleiner v. HeinrichSupreme Court of Arkansas · 1920
- Siloam Springs Ice Co. v. McCullochSupreme Court of Arkansas · 1941