Butterfield v. Butterfield
Supreme Court of Arkansas
Appeal from Garland Chancery Court; Leland Leatherman, Chancellor; Plaintiff demurred to the answer and to each paragraph thereof which sets up the alleged oral agreement as a defense, which should have been sustained. Kirby’s Digest, § § 3654, 3664. The effect of the allegations in third and fourth paragraphs is to set up an equitable interest in the land in defendant.
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Appeal from Garland Chancery Court; Leland Leatherman, Chancellor; Plaintiff demurred to the answer and to each paragraph thereof which sets up the alleged oral agreement as a defense, which should have been sustained. Kirby’s Digest, § § 3654, 3664. The effect of the allegations in third and fourth paragraphs is to set up an equitable interest in the land in defendant. Such arrangement could not be binding without being in writing or evidenced by some memorandum in writing signed by deceased or his agent. Payment of purchase money is not such part performance as to take the case out of the…
1Opinion of the CourtBattle, J.
Prior to the year 1883, I. R. Butterfield, the husband of Frances I. Butterfield, was the owner of lot numbered 15 in block numbered 152, in the city of Hot Springs, in this State, and in the year 1883 exchanged with Samuel W. Fordyce the said lot for certain parts of lots 3 and 15 in block 151, in said city. I. R. Butterfield then caused the house on lot 5 to be removed to the parts of the lots for which it was exchanged, and added to, remodeled and repaired the same. The addition was let for $1,200. Pie was much embarrassed, financially, at the time, and applied to his sister, Florence E.…
2Cases cited4 opinions
- Milner v. FreemanSupreme Court of Arkansas · 1882
- Sale v. McLeanSupreme Court of Arkansas · 1874
- Stephenson v. McClintockIllinois Supreme Court · 1892
- DuVal v. MarshallSupreme Court of Arkansas · 1875
3Cited by5 opinions
- Hall v. EdwardsSupreme Court of Georgia · 1913
- Wheat v. Platte City Benefit Assessment Special Road DistrictMissouri Court of Appeals · 1933
- Hunter v. JohnstonSupreme Court of Arkansas · 1956
- Remshard v. RenshawSupreme Court of Arkansas · 1912
- Rush Creek Oil & Gas Co. v. KingSupreme Court of Oklahoma · 1921