Cheatham v. J. W. Beck Co.
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. A. W. Cheatham filed his complaint in the St. Francis Chancery Court, alleging his lawful possession of a certain portion of the Rinden farm known as the Posey field, under a lease from W. R. Taylor and Rena Taylor to E. W. Arterberry, and prayed an order enjoining the appellee, the J. W. Beck Company, from interfering with his right to peaceably occupy and cultivate said field…
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Appeal from St. Francis Chancery Court; Edward D. Robertson, Chancellor; STATEMENT BY THE COURT. A. W. Cheatham filed his complaint in the St. Francis Chancery Court, alleging his lawful possession of a certain portion of the Rinden farm known as the Posey field, under a lease from W. R. Taylor and Rena Taylor to E. W. Arterberry, and prayed an order enjoining the appellee, the J. W. Beck Company, from interfering with his right to peaceably occupy and cultivate said field until dispossessed in manner and form as the law directs, etc. The J. W. Beck Company answered, also making its answer a…
1Opinion of the Court
Wood, J.,
(after stating the facts). 1. The lease .shows, in language unmistakable, that the parties to it intended to include the lands leased to E. W. Arterberry. Eor the language is: “And especially the lands leased to Joe Myers and to E. W. Arterberry.” It is unoontroverted that the lands leased to E. W. Arterberry constituted what is designated as the Posey field and the Hughes residence, the same being portions of the Linden farm. To justify the equitable remedy of reformation, the proof must be “clear, unequivocal and decisive.” McGuigan V. Gaines, 71 Ark. 614; Goerke v. Rodgers, 75…
2Cases cited3 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Goerke v. RodgersSupreme Court of Arkansas · 1905
- Davenport v. HudspethSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Arrington v. United Royalty Co.Supreme Court of Arkansas · 1933
- Deming Investment Co. v. Bank of JudsoniaSupreme Court of Arkansas · 1926
- Combs v. CombsTennessee Supreme Court · 1914
- Bernstein v. MarinocusAppellate Court of Illinois · 1920
- Lewis v. StorchCourt of Appeals of Georgia · 1969
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