Scogin v. Stacy
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court in Chancery, Hon. Abner. A. Stith, Circuit Judge'. The covenant to Mrs. Stacy either vested in her or her husband. If it vested in the husband, as we think it did, being a chose in action, (2 Bl. Com. 597; 1 Chit.
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Appeal from Ouachita Circuit Court in Chancery, Hon. Abner. A. Stith, Circuit Judge'. The covenant to Mrs. Stacy either vested in her or her husband. If it vested in the husband, as we think it did, being a chose in action, (2 Bl. Com. 597; 1 Chit. Gen. Pr. 99; 1 McQueen Hus. 4* Wife 19,) it was a merger of all prior parol contracts, {Smith on Con. 18; Platt on Cov. 585,) and he must resort to the remedies under that alone — action on the covenant or for specific performance. 2 Parsons on Con. 494, 507; 16 Ark. 340. If the covenant vested in the wife, and breach occurred before her death, her…
1Opinion of the CourtChief Justice English
This was a bill to redeem land, alleged to have been mortgaged, determined in the Ouachita Circuit Court.
The bill was filed by Lyman Stacy against Josiah H, Scogin, as executor of Thomas Jones, deceased, Amanda E. Jones, Henry T. Jones, Joel Jones, Sarah A. Jones and Nancy L. Jones, heirs of the said Thomas Jones, and the unknown heirs of Elizabeth Stacy, deceased.
The bill alleges, in substance, that on the 22d of September, 1848, the complainant conveyed to Thomas Jones, by deed absolute upon its face, a tract of land, tying in Ouachita county, with relinquishment of dower by Elizabeth…
2Cases cited3 opinions
- Sexton v. WheatonSupreme Court of the United States · 1823
- Trapnall's adx. v. BrownSupreme Court of Arkansas · 1857
- Smith v. YellSupreme Court of Arkansas · 1842
3Cited by3 opinions
- Comstock v. ComstockSupreme Court of Arkansas · 1920
- Hannaford v. DowdleSupreme Court of Arkansas · 1905
- McClintock v. White River Bridge Co.Supreme Court of Arkansas · 1926