Legal Opinion

Rogers v. Brooks

Supreme Court of Arkansas

Decided November 15, 1875PublishedCited by 5 opinions

CROSS APPEALS from Phillips Circuit Court in Chancery. Hon. W. H. H. Clayton, Circuit Judge. Error to allow Chamberlin to testify as to his impressions of conversations with Rogers, 13th Ark., 46.2, or to admit depositions taken against objections on the fourth of July. Swinnyv. Johnson, 18 Ark., 534, or Brooks’ statements of conversations or transactions with Rogers. Giles v. Wright, 26 Ark., 476; Am. Law.

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CROSS APPEALS from Phillips Circuit Court in Chancery. Hon. W. H. H. Clayton, Circuit Judge. Error to allow Chamberlin to testify as to his impressions of conversations with Rogers, 13th Ark., 46.2, or to admit depositions taken against objections on the fourth of July. Swinnyv. Johnson, 18 Ark., 534, or Brooks’ statements of conversations or transactions with Rogers. Giles v. Wright, 26 Ark., 476; Am. Law. Rev. July, 1870, p. 656 (Howland will case). Court will disturb a decree on weight of testimony. Branch v. Mitchell, 24 Ark., 443. No part performance. 8 Ark., 272; 20 ib., 552. No ground…

1Opinion of the Court

English, Ch. J.:

In January, 1872, Wm. H. Rogers, as administrator of the estate of Mary Rogers, deceased, brought ejectment in the Phillips Circuit Court against Samuel H. Brooks for the south half of section fourteen, and the south half of section fifteen (except ten acres off of the north side of the southeast quarter of said section fifteen), township one south, range four east, 630 acres.

Brooks filed an answer and an equitable counter claim, alleging, in substance:

That early in February, 1868, plaintiff (Rogers) purchased of Willis Long the lands described in the complaint, for the…

2Cited by5 opinions

  1. Mason v. GatesSupreme Court of Arkansas · 1909
  2. Green v. WalkerWisconsin Supreme Court · 1889
  3. Baldwin v. BrownSupreme Court of Arkansas · 1924
  4. M. L. Sigmon Forest Products, Inc. v. ScrogginsSupreme Court of Arkansas · 1971
  5. McEntire v. RobinsonSupreme Court of Arkansas · 1967

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