Bain v. Parker
Supreme Court of Arkansas
Appeal from Ashley Chancery Court; Marcus B. Hawkins, Chancellor; STATEMENT BY TI-IE COURT. On the 2d day of December, 1898, D. B. Bain and wife executed a deed conveying to J. M. Parker, trustee, 240 acres of land in Ashley County.
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Appeal from Ashley Chancery Court; Marcus B. Hawkins, Chancellor; STATEMENT BY TI-IE COURT. On the 2d day of December, 1898, D. B. Bain and wife executed a deed conveying to J. M. Parker, trustee, 240 acres of land in Ashley County. This deed was executed on a blank form, which recited that the grantors, in consideration of the payment of one dollar “and in further consideration of the building, equipping and putting in operation a line of railroad from a point on the Mississippi River in Chicot or Desha County to líamburg, Ashley County, Arkansas, have granted, bargained, sold and conveyed,…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal from the judgment of the chancery court of Ashley County refusing to hold a deed void on account of the nonperformance of an alleged condition subsequent. The plaintiff alleged that the deed as executed contained a condition that made it void if a certain railroad from the Mississippi River to Hamburg, Arkansas, was not completed on or before the 1st day of January, 1899. The defendant denied that there was ever any such condition in the deed. If the deed contained the words “to be completed by January 1, 1899,” which plaintiff says he…
2Cases cited6 opinions
- Duryee v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1884
- Episcopal City Mission v. AppletonMassachusetts Supreme Judicial Court · 1875
- Ludlow v. New-York & Harlem RailroadNew York Supreme Court · 1852
- Studdard v. WellsSupreme Court of Missouri · 1894
- Stone v. HoughtonMassachusetts Supreme Judicial Court · 1885
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3Cited by15 opinions
- Braddock v. EnglandSupreme Court of Arkansas · 1908
- Kampman v. KampmanSupreme Court of Arkansas · 1911
- Smith v. HoffmanMontana Supreme Court · 1919
- Dickinson v. McKenzieSupreme Court of Arkansas · 1939
- Davis v. St. Joe School District of Searcy CountySupreme Court of Arkansas · 1955
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