Watson v. Arthur
Supreme Court of Arkansas
Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in sustaining the demurrer because (1) the allegations of the complaint showed title in plaintiff sufficient to maintain action. 53 Ark. 449; 79 Id. 544; 127 Id. 147; 191 S. W. 919; 15 Cyc. 95. (2) The complaint states facts sufficient to constitute a cause of action under Kirby & Castle’s Digest, section 5503; 25 Ark. 134; 27 Id. 55; 64 Id. 240; 105 Id. 307; 79 Id. 544. No demand for performance was…
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Appeal from White Circuit Court; J. M. Jackson, Judge; The court erred in sustaining the demurrer because (1) the allegations of the complaint showed title in plaintiff sufficient to maintain action. 53 Ark. 449; 79 Id. 544; 127 Id. 147; 191 S. W. 919; 15 Cyc. 95. (2) The complaint states facts sufficient to constitute a cause of action under Kirby & Castle’s Digest, section 5503; 25 Ark. 134; 27 Id. 55; 64 Id. 240; 105 Id. 307; 79 Id. 544. No demand for performance was necessary. 13 Ark. 69. Appellant relied on Kirby’s Digest, section 4700, and the complaint failed to state a cause of action…
1Opinion of the CourtSmith, J.
In the complaint filed in this cause it was alleged that on March 4, 1914, appellant was the owner of certain lands, which she then conveyed to J. S. Matthews for the sum of $850, which said sum was secured by a deed of trust on said lands. That on January 6, 1916, Matthews, by quitclaim deed, conveyed the land to appellee, F. M. Arthur, who, on the .................. day of March, 1916, conveyed the same, by quitclaim deed, to one Andrews.
That default having been made by Matthews in the payment of the purchase money, a suit was brought to foreclose the deed of trust securing it, and a decree…
2Cases cited5 opinions
- Sallee v. Bank of CorningSupreme Court of Arkansas · 1916
- Cooley v. KsirSupreme Court of Arkansas · 1912
- Beardsley v. NashvilleSupreme Court of Arkansas · 1897
- Dell v. GardnerSupreme Court of Arkansas · 1867
- Bright v. BostickSupreme Court of Arkansas · 1871
3Cited by2 opinions
- Caldwell v. ThiessenIdaho Supreme Court · 1939
- Bolin v. Drainage District No. 17Supreme Court of Arkansas · 1943