Norton v. Hindsley

John A. Fogleman, Justice.

I concur in the result on both points, but there are matters contained in the majority opinion with which I do not agree.

I do agree that the question of the application of the statute of frauds was not properly raised in this case. The mere fact that appellee’s contention that he held possession under a contract with appellant was first mentioned in his answer was no bar to a responsive pleading by the appellant asserting the statute of frauds. In spite of Ark. Stat. Ann. § 27-1131 (Repl. 1962), our procedure does provide for a means of pleading when an answer raises…