Hynson v. Dunn
Supreme Court of Arkansas
This was an action of debt, determined in the Independence Circuit Court, at March term, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Dunn sued Hynson and Ringgold on a bond for $>400, the declaration containing but one count. Af-terwards, Dunn sued upon another similar note made by the same parties for the same amount. At the return term, on motion of defendants, the two suits were consolidated.
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This was an action of debt, determined in the Independence Circuit Court, at March term, 1843, before the Hon. Thomas Johnson, one of the circuit judges. Dunn sued Hynson and Ringgold on a bond for $>400, the declaration containing but one count. Af-terwards, Dunn sued upon another similar note made by the same parties for the same amount. At the return term, on motion of defendants, the two suits were consolidated. Oyer was then craved, and granted by .filing the original bonds. The defendants put in three pleas; the first stating that the bonds sued on were obtained by fraud, covin, and…
1Opinion of the Court
By the Court,
Lacy, J.
This is an action of debt, brought by the
defendant in error against the plaintiffs on two writings obligatory. The defence set up is a general and special plea of fraud in the sale and delivery of a slave, and want of title in the vendor. The general plea of fraud, is unquestionably bad. Our statute is express on the subject, for it declares that “the defendant, by special plea, may impeach or go into the consideration of a writing under seal in the same manner as if such writing had not been sealed.” Rev. St. ch., 116, sec. 74; and upon principle, a general plea of fraud…
2Cited by7 opinions
- Seldon v. Dudley E. Jones Co.Supreme Court of Arkansas · 1905
- Hazard v. GriswoldU.S. Circuit Court for the District of Rhode Island · 1884
- Martin v. FoxMissouri Court of Appeals · 1890
- Sullivan v. WooldridgeSupreme Court of Arkansas · 1913
- Keller v. VowellSupreme Court of Arkansas · 1856
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