Miller v. Dargan
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Osceola District; Archer Wheatley„ Chancellor; 1. There is. no written agreement to convey the lands. The contract is within the statute of frauds. Kirby & Castle’s Digest, § 3982. It does not contain a description of the property to be conveyed. Browne, Stat. Frauds (5 Ed.) § 385; 85 Ark. 1; note to 11 L. B. A. 98; 72 Ark. 496. No effort here is made to describe the property. No lands are identified by the description.
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Appeal from Mississippi Chancery Court, Osceola District; Archer Wheatley„ Chancellor; 1. There is. no written agreement to convey the lands. The contract is within the statute of frauds. Kirby & Castle’s Digest, § 3982. It does not contain a description of the property to be conveyed. Browne, Stat. Frauds (5 Ed.) § 385; 85 Ark. 1; note to 11 L. B. A. 98; 72 Ark. 496. No effort here is made to describe the property. No lands are identified by the description. The bad description is accentuated by the circumstance that the oral evidence shows that forty acres were to be omitted; which forty is…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court of Mississippi County to compel specific performance of a contract to sell and convey real estate. The defendants owned the lands in controversy, which constituted a plantation on Carson Lake in Mississippi County, and there is in the complaint an accurate description of the several tracts according to the plats of the government surveys. Defendants listed the lands with certain real estate brokers for sale, and the latter negotiated a sale to the plaintiff at the price of $110 per acre. There were 561% acres in the whole tract, but it…
2Cases cited5 opinions
- Hurley v. BrownMassachusetts Supreme Judicial Court · 1868
- Jackson ex dem. Livingston v. BarringerNew York Supreme Court · 1818
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- Bazemore v. MullinsSupreme Court of Arkansas · 1889
- Conley v. JohnsonSupreme Court of Arkansas · 1901
3Cited by5 opinions
- Skinner v. StoneSupreme Court of Arkansas · 1920
- Neal v. HarrisSupreme Court of Arkansas · 1919
- James v. MedfordSupreme Court of Arkansas · 1974
- Peay v. Southern Surety Co.Supreme Court of Arkansas · 1919
- Rawls v. FreeSupreme Court of Arkansas · 1931