Fears v. Merrill
Supreme Court of Arkansas
Writ of Error to Pulaski Circuit Court. Ejectment, by Joseph Merrill,- against James A. Fears, determined in the Pulaski Circuit Court, in November, 1846, before the Hon. William H. Feild, judge. The facts are stated in the opinion of this court.
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Writ of Error to Pulaski Circuit Court. Ejectment, by Joseph Merrill,- against James A. Fears, determined in the Pulaski Circuit Court, in November, 1846, before the Hon. William H. Feild, judge. The facts are stated in the opinion of this court. A vendor of land, who sells bona fide, receives a portion of the purchase money, gives his obligation to the vendee to convey in fee simple upon payment of the residue, gives him seizen of the land, and retains the legal title as a security for the payment of the residue of the purchase money, cannot maintain an action of ejectment against his vendee…
1Opinion of the CourtWalker, J.
Oh the 28th day of November, 1840, Merrill, the defendant, executed to Nelson W. Hill his covenant, by which he became bound to convey to Hill, or his assigns, eighty acres of land, provided the said Hill should, when due, pay to Merrill $100, for the payment of which he had executed his writing obligatory, to Merrill, due twelve months after date. On the 30th of April, 1841, Hill bargained said land to the plaintiff Fears, and thereupon, at the instance of Fears, executed his covenant to Edmund Fears, an infant son of the plaintiff, binding himself to convey to Edmund by deed. The contract…
2Cases cited2 opinions
- Jackson ex dem. Benton v. LaughheadNew York Supreme Court · 1806
- Dennis v. WarderCourt of Appeals of Kentucky · 1842