Newsome v. Williams
Supreme Court of Arkansas
A1TKAU FROM CROSS CIRCUIT COURT. IIon. J. M. Hanks, Circuit Judge. First. Tlie plea was had because the defendant did not offer to bring the money into court. See 2 Grecnlcaf JSv., 600; 3 Chüty PL, 055-6; Slack os. Hice, 1 Bibb., 272; Fddy vs. O’Hara, 14 Wend., 221; Booth rs. ' Conneggs, 'Minor’s B. 201. The money should (have been brought into court, and notice of that fact given at the time of serving the plea.
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A1TKAU FROM CROSS CIRCUIT COURT. IIon. J. M. Hanks, Circuit Judge. First. Tlie plea was had because the defendant did not offer to bring the money into court. See 2 Grecnlcaf JSv., 600; 3 Chüty PL, 055-6; Slack os. Hice, 1 Bibb., 272; Fddy vs. O’Hara, 14 Wend., 221; Booth rs. ' Conneggs, 'Minor’s B. 201. The money should (have been brought into court, and notice of that fact given at the time of serving the plea. Sheridan vs. Smith, 2 JUll (A”. T.) 538; Fade vs. Fade, 1 Harr., 273. Unless brought into court when pleaded, the 'tender is of no avail. Jarboc rs. McAfee, 7 B. Monroe, 270 ;. Knox…
1Opinion of the CourtGregg, J.
In 1861 Newsome sold to Anson Williams certain real estate in Cross county, and gave him a'bond conditioned that he would make a good and clear title upon the payment of three several notes, executed for the purchase money.
In 1866 Newsome brought his action of ejectment against Anson Williams for possession of the lands. Williams appeared before the court and filed two pleas — one, not guilty; the other, reciting the sale to him, the title bond and its conditions ; and averring that he had paid the first two notes and, that before the commencement of this suit, he had tendered to the…
2Cases cited5 opinions
- President of the Bank of Columbia v. HagnerSupreme Court of the United States · 1828
- Withers v. BairdSupreme Court of Pennsylvania · 1838
- Leonard v. BatesIndiana Supreme Court · 1822
- Withers v. AtkinsonSupreme Court of Pennsylvania · 1832
- Connelly v. PierceNew York Supreme Court · 1831
3Cited by3 opinions
- Cleveland v. AldridgeSupreme Court of Arkansas · 1910
- Williams v. BakerSupreme Court of Arkansas · 1944
- Pulaski Federal Savings & Loan Ass'n v. CarriganSupreme Court of Arkansas · 1967