King v. Williams
Supreme Court of Arkansas
Appeal from Sharp Chancery Court. John B. McCaleb, Judge. An oral agreement to execute a mortgage is within the statute of frauds. 8 Am. & Eng. Enc.
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Appeal from Sharp Chancery Court. John B. McCaleb, Judge. An oral agreement to execute a mortgage is within the statute of frauds. 8 Am. & Eng. Enc. Law, 697, note 12. The precise terms of an oral contract must be shown before it will be specifically enforced, if at all. 45 Ark. 17; 49 Ark. 306; 44 Ark. 334. Part performance must be shown. 39 Ark. 424. An oral mortgage can not be established in this state. 57 Ark. 220; 12 Ark. 428; 30 Ark. 745; 34 Ark. 346. The appellant owned no other land but that described in the complaint, and hence there could have been no misunderstanding as to it. The…
1Opinion of the CourtBattle, J.
This action was instituted by John JEL Williams against David R. King to compel him to perform an oral contract to execute a mortgage, and at the same time to foreclose the lien to be thereby created.
On the 31st day of December, 1894, the plaintiff, John H. Williams, held two notes, which were executed to him by the defendant, David R. King,—one for the sum of $448.88 and ten per cent, per annum interest thereon from date until paid, bearing date August 10, 1892, and due on the 1st day of January, 1893; the other for the sum of $150 and ten per cent, per annum interest thereon from date until…
2Cases cited4 opinions
- Stoddard v. . HartNew York Court of Appeals · 1861
- Cole v. ColeCourt of Appeals of Maryland · 1875
- Irvine v. ArmstrongSupreme Court of Minnesota · 1883
- Hicks v. TurckMichigan Supreme Court · 1888
3Cited by8 opinions
- Foster Lumber Co. v. Harlan County BankSupreme Court of Kansas · 1905
- Vigars v. HewinsSupreme Court of Iowa · 1918
- Arkansas Valley Trust Co. v. YoungSupreme Court of Arkansas · 1917
- Pipkin v. Bank of MiamiCourt of Appeals of Texas · 1915
- Allender v. Evans-Smith Drug Co.Court Of Appeals Of Indian Territory · 1901
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