Morris v. Ham
Supreme Court of Arkansas
APPEAL from Dretv Circuit Court in Chancery. Hon. John M. Bradley, Circuit Judge. In the absence of fraud, appellee having obtained possession under her deed, and there being no eviction, she cannot controvert the title of the vendor or refuse to pay the purchase price. 16 Ark., 288; 21 Id., 585; 25 Id., 201; 58 Id., 200; 98 U. S., 56. She must rely on the covenants in her deed, even though they are worthless, or the vendor insolvent. 50 Mo., 252; Id., 511. A vendee in…
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APPEAL from Dretv Circuit Court in Chancery. Hon. John M. Bradley, Circuit Judge. In the absence of fraud, appellee having obtained possession under her deed, and there being no eviction, she cannot controvert the title of the vendor or refuse to pay the purchase price. 16 Ark., 288; 21 Id., 585; 25 Id., 201; 58 Id., 200; 98 U. S., 56. She must rely on the covenants in her deed, even though they are worthless, or the vendor insolvent. 50 Mo., 252; Id., 511. A vendee in possession cannot refuse payment of purchase money, on suggestion of a defect or failure of title. 22 Ark., 455; 2 Johns.…
1Opinion of the CourtSmith, J.
Thomas E. Prewett sold and conveyed to Mrs. Ham, in the year 1876, seven hundred acres of land, lying in Drew county, Arkansas, for $3500. The trade was negotiated by the husband of Mrs. Ham, who paid the consideration in cash, personal property and real estate situate in Tennessee, where the parties all resided, except $1400, which was divided into three equal installments, evidenced by promissory notes signed by husband and wife. For the deferred payments a lien was reserved in the deed. The first of these notes was paid. Upon the second, partial payments have been made. The third was…
2Cases cited4 opinions
- Noonan v. LeeSupreme Court of the United States · 1863
- Galloway v. FinleySupreme Court of the United States · 1838
- Peters v. BowmanSupreme Court of the United States · 1878
- Bush v. MarshallSupreme Court of the United States · 1848
3Cited by4 opinions
- Smith v. ButlerSupreme Court of Arkansas · 1904
- William Farrell Lumber Co. v. DeshonSupreme Court of Arkansas · 1898
- Liddell v. JonesSupreme Court of Arkansas · 1905
- Ward v. ForrestSupreme Court of Arkansas · 1945