Legal Opinion

Peay v. Wright

Supreme Court of Arkansas

Decided October 15, 1860PublishedCited by 1 opinion

Appeal from, Pulaski Chancery Court. lion. IIulbert F. Fairchild, Chancellor. The misrepresentation of a material fact — (or concealment •of defects in title, or of an outstanding title) invalidates a contract, whether the misrepresentation be wilfully or innocently made. 13 Peters 26; 1 A. K. Marsh. 496; 1 Story's Eq. 193; 4 How. Miss.

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Appeal from, Pulaski Chancery Court. lion. IIulbert F. Fairchild, Chancellor. The misrepresentation of a material fact — (or concealment •of defects in title, or of an outstanding title) invalidates a contract, whether the misrepresentation be wilfully or innocently made. 13 Peters 26; 1 A. K. Marsh. 496; 1 Story's Eq. 193; 4 How. Miss. Rep. 435; 3 Humph. 347; 4 Scam. 569; 1 McLean 50; 5 J. J. Marsh. 96; 3 Cranch 381. The statute of limitations to be availed'of, must be relied upon in the answer, and so of lapse of time. 2 John. Ch. 182; 7 Paige 373; 6 J. C. R. 132; 5 Ala. 90. ' Whenever…

1Opinion of the Court

Hon. Harris Flanagin, Special Judge,

delivered the opinion of the Court.

The trustees of the Real Estate Bank, on the 29th day of January, A. D. 1850, filed their bill in chancery against the present defendants, David R. Coulter and Turner H. Buckner, and it was heard as to Coulter and Buckner and a decree for them. The trustees appealed, (See Biscoe et al. vs. Coulter et al. 18 Ark. p. 23,) and the decree was affirmed. By consent the case was not disposed of as to the present defendants before appeal, and the case was sent back to be determined as to them. .Upon the hearing the bill was…

2Cases cited4 opinions

  1. Frost v. RaymondNew York Supreme Court · 1804
  2. Woodruff v. BunceNew York Court of Chancery · 1842
  3. Pryor v. RyburnSupreme Court of Arkansas · 1856
  4. Smith v. HancockCourt of Appeals of Kentucky · 1815

3Cited by1 opinion

  1. Trinity University v. McFarlandTexas Commission of Appeals · 1881

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