Allison v. Schweitzer
Supreme Court of Arkansas
Appeal from Boone Cliancery Court; Ben F. McMahan, Chancellor; The agreement was without consideration and, being in parol only, is within our statute of frauds and void. Kirby’s Digest, § 3892, subd. 4 and 5; 54 Ark. 519. Appellant (1) has failed to establish title in herself; (2) she did not aptly plead the statute of frauds and (3) she is bound by the equitable estoppel and the decree should be affirmed. She did not come into equity with clean hands.
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Appeal from Boone Cliancery Court; Ben F. McMahan, Chancellor; The agreement was without consideration and, being in parol only, is within our statute of frauds and void. Kirby’s Digest, § 3892, subd. 4 and 5; 54 Ark. 519. Appellant (1) has failed to establish title in herself; (2) she did not aptly plead the statute of frauds and (3) she is bound by the equitable estoppel and the decree should be affirmed. She did not come into equity with clean hands. The finding of the chancellor is fully sustained by the evidence, and appellant is estopped.
1Opinion of the CourtSmith, J.
This is a suit in ejectment for two inches of ground and by consent was transferred to the chancery court, where upon the final submission the court made the following findings of fact:
“That prior to the erection of the defendant’s wall complained of, the plaintiff gave oral permission to the defendant to build his said wall upon the west two inches of her lot described as subdivisions 1 and 2 of lot 2, block 7, in the original town of Harrison, Arkansas; that the plaintiff at the time knew that the defendant contemplated expending large sums of money in the erection of his said building;…
2Cases cited6 opinions
- Wynn v. GarlandSupreme Court of Arkansas · 1857
- St. Louis, Iron Mountain & Southern Railway Co. v. HallSupreme Court of Arkansas · 1903
- Rudisill v. CrossSupreme Court of Arkansas · 1891
- Walker v. ShackelfordSupreme Court of Arkansas · 1887
- S. H. Kress Co. v. MoscowitzSupreme Court of Arkansas · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- Schuman v. StevensonSupreme Court of Arkansas · 1949