Meek v. Walthall
Supreme Court of Arkansas
Appeal from Ashley Circuit Court in Chancery. Hon. Theodoric F. Sorrells, Circuit Judge. 1. The deposition of John Gillis was improperly excluded, he not being interested although a party to the record. 15 Ark. 281. A witness is always competent against his own interest. 1 Greel.
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Appeal from Ashley Circuit Court in Chancery. Hon. Theodoric F. Sorrells, Circuit Judge. 1. The deposition of John Gillis was improperly excluded, he not being interested although a party to the record. 15 Ark. 281. A witness is always competent against his own interest. 1 Greel. Ev. 410; 15- Ark. 282.- 2. Specific performance is not a matter of right but of discretion. 2 Story’s Eq. 742. And a vendee cannot ask it without having complied, or offered to comply with the contract on his part. If a bill is for the specific performance of a contract as an entirety, and the plaintiff is not…
1Opinion of the CourtChief Justice English
This was a bill for specific performance, etc., filed by Henry Walthall, in the Ashley Circuit Court, against Samuel Meek, John Fogle ,Battice Fogle, Nancy Fogle, John C. Gillis, and wife Jane, formerly Fogle. Decree in favor of Walthall, for a part of the relief prayed by the bill, and an appeal by Meek.
It appears from the pleadings and evidence, that on the 22d August', 1853, John Fogle, Battice Fogle, Nancy Fogle, Francis Fogle and Jane Gillis, were the owners in fee of a tract of land, situated in Ashley county, containing about seventy-three acres, subject to the dower right of their…
2Cited by6 opinions
- Ward v. WalkerCourt of Appeals of Texas · 1913
- Pearce v. Third Ave. Improvement Co.Supreme Court of Alabama · 1930
- Rose v. HendersonSupreme Court of Florida · 1912
- Villarreal v. De MontalvoCourt of Appeals of Texas · 1950
- Garner v. HorneSupreme Court of Arkansas · 1952
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