Cain v. Leslie
Supreme Court of Arkansas
'Appeal for Hempstead Owomt Court m Chancery. Tbe Hon. SheltoN WátsoN, Circuit Judge. Tbis case falls clearly within tbe principles recognized and settled in the case of Hector vs. Keatts, 1 Ark. Hep. 191. The agreément between Cain and Leslie, was without any valuable or meritorious consideration; and equity will not enforce a voluntary -agreement. 3 Story Eg.
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'Appeal for Hempstead Owomt Court m Chancery. Tbe Hon. SheltoN WátsoN, Circuit Judge. Tbis case falls clearly within tbe principles recognized and settled in the case of Hector vs. Keatts, 1 Ark. Hep. 191. The agreément between Cain and Leslie, was without any valuable or meritorious consideration; and equity will not enforce a voluntary -agreement. 3 Story Eg. Ju-ris. 430, seo. 43, n. 3/ 18 Ves. 84/ 4 J1 0. R. 497/ 1 Gowen Rep. 711. In this case, tbe very essence of a contract is wanting; there is no mutuality, no reciprocity in the contract. 2 Story’s Eg.. Jv/ris. 60, n. 2. There is no time…
1Opinion of the CourtChief Justice WatKINS
The substance of the bill of complaint in this cause, which was adjudged insufficient upon demurrer in the Court below, is, that, in the year 1851, the complainant Cain purchased of one Start an improvement on a certain tract of public land, belonging to the United States, for the consideration of one hundred dollars, of which he paid twenty-five dollars, and gave his note for the residue, being seventy-five dollars, with the defendant Leslie as security. The improvement consisted of between five and ten acres o'f cleared land, with a comfortable loghouse, and out buildings upon it, of which…
2Cases cited2 opinions
- Keatts v. RectorSupreme Court of Arkansas · 1839
- Borden v. State ex rel. Bowen & McNameeSupreme Court of Arkansas · 1849
3Cited by4 opinions
- Hamilton v. FowlkesSupreme Court of Arkansas · 1855
- Dupas v. WassellU.S. Circuit Court for the District of Eastern Arkansas · 1870
- Cooper v. NewtonSupreme Court of Arkansas · 1900
- Gaines v. HaleSupreme Court of Arkansas · 1870