Carter v. Muns
Supreme Court of Arkansas
APPEAL from Monroe Circuit Court. Matthew T. Sanders, Judge. In 1868 A. J. Muns sold certain land to W. N. Jolly, and executed a title bond, and placed him in possession. After Jolly’s death in 1885 Muns took possession of the land ; thereafter the administrator and heirs of Jolly brought this suit in ejectment.
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APPEAL from Monroe Circuit Court. Matthew T. Sanders, Judge. In 1868 A. J. Muns sold certain land to W. N. Jolly, and executed a title bond, and placed him in possession. After Jolly’s death in 1885 Muns took possession of the land ; thereafter the administrator and heirs of Jolly brought this suit in ejectment. Muns filed an answer and “counter-claim,” in effect a cross-complaint, in which he alleged that in 1871 Jolly had rescinded the contract of sale and thereafter held as his tenant, paying annual rent, until his death. He asked that the bond be canceled and his title quieted. Without…
1Opinion of the CourtHemingway, J.
The judgment rests upon an alleged parol rescission of a written contract for the conveyance of land. The grantee took possession under the contract to convey in 1868, and retained it until his death in 1885. The parol agreement is said to have been made in 1871 or 1872, and the appellee contends that after that time the grantee held ■as his tenant, under a contract to pay a stipulated rental. Whether a parol agreement to rescind a contract to convey lands is void as within the statute of frauds, or will be sustained by the ordinary rules regulating contracts, or upon principles of estoppel,…
2Cited by3 opinions
- Rogers v. MossSupreme Court of Arkansas · 1950
- Williams v. Jones, Special AdministratorSupreme Court of Arkansas · 1945
- Masterson v. MastersonSupreme Court of Arkansas · 1940