Ford v. Miller
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Mar-tinecm, Chancellor; STATEMENT OP PACTS. John E. Miller brought this suit in equity against T. J. Ford to cancel an oil and gas lease executed by his grantor, E. J. Nalley, to Ford. The lea.se was sought to be canceled on the ground that the parties to it had by parol agreement surrendered it, and that their agreement in this regard had been executed.
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Appeal from White Chancery Court; John E. Mar-tinecm, Chancellor; STATEMENT OP PACTS. John E. Miller brought this suit in equity against T. J. Ford to cancel an oil and gas lease executed by his grantor, E. J. Nalley, to Ford. The lea.se was sought to be canceled on the ground that the parties to it had by parol agreement surrendered it, and that their agreement in this regard had been executed. T. J. Ford defended on the ground that there had been no surrender of the lease, and that it was still in force.. According to the evidence adduced for the plaintiff, E. J. Nalley and F. B. Nalley,…
1Opinion of the CourtHart, J.
(after stating tbe facts). Tbe lease contract between Ford and Nalley covered a period of ten years under tbe conditions and terms recited in tbe contract.
Section 4866 of Crawford & Moses’ Digest provides, in effect, that no lease for a term of years except a lease for a term not exceeding one year shall be assigned, granted or surrendered unless it be by deed or notice in writing signed by tbe party so assigning, granting or surrendering tbe same, or by bis agent lawfully authorized by writing or by operation of law.
There was no written surrender or assignment of tbe lease in question. On…
2Cases cited7 opinions
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- Jordan v. KatzSupreme Court of Virginia · 1893
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