Noe v. Layton
Supreme Court of Arkansas
Appeal from Marion Chancery Court. T. H. Humphreys, Chancellor. Equity will relieve against hardship caused by unavoidable accident, fraud or mistake. 61 Ark. 341; 38 Ark. 283. Having demurred to the petition, the facts alleged therein are admitted, and can not be controverted. Bliss, Code PI.
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Appeal from Marion Chancery Court. T. H. Humphreys, Chancellor. Equity will relieve against hardship caused by unavoidable accident, fraud or mistake. 61 Ark. 341; 38 Ark. 283. Having demurred to the petition, the facts alleged therein are admitted, and can not be controverted. Bliss, Code PI. (2 Ed.), sec. 418; 10 Conn. 62; 22 N. Y. 472. A court of equity will not interfere unless the judgment complained of gives the successful party such an advantage as it cannot, in good conscience, permit to stand. Beach, Mod. Eq. Jur. § 664; 61 Ark. 341; lb. 356; 51 Ark. 341; 13 Ark. 600. Nor will it…
1Opinion of the CourtBattle, J.
This case was before this court in October, 1901, on appeal by T. S. Noe. A. S-. Layton was appellee. The judgment appealed from was reversed, and the cause was remanded for a new trial, as will more fully appear in 64 Ark. 880. Since then A. S. Layton has died, and the action has been revived in the name of W. E. Layton, as administrator of the estate of A. S. Layton, deceased. The action was brought by A. S. Layton against Noe to recover possession of a bale of cotton. A new trial was had in the Marion Circuit Court on substantially the same testimony as in the former trial, and a verdict…
2Cases cited2 opinions
- Whitehill v. ButlerSupreme Court of Arkansas · 1888
- Johnson v. BranchSupreme Court of Arkansas · 1886
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