Drake v. Eubanks
Supreme Court of Arkansas
Appeal from Madison Circuit Court in Chancery. Edward S. McDanieb, Judge. There is no conflict in the testimony. Eubanks admits he told defendants there were 209 or 219 acres. • The facts in this case are not unlike those in 25 Ark. 102. -
1Opinion of the CourtBattle, J.
Peter Eubanks instituted this action' against J. J. Drake and B. A. Drake to foreclose a lien for purchase money. He alleged, ,in his complaint, that he sold his farm, containing 177| acres, to the defend-' ant’s for $700, of which they paid, at the time of the purchase, $565, and agreed to give their promissory note for the remaining $135, and had .failed to do so, or pay it; and asked that the land be sold to pay the same.
The defendants answered, and admitted the purchase for the sum stated, but alleged that plaintiff, in ■selling the farm, falsely and fraudulently represented, and induced…
2Cases cited1 opinion
- Harrell v. HillSupreme Court of Arkansas · 1857
3Cited by10 opinions
- Alexander Myers & Co. v. HopkeWashington Supreme Court · 1977
- Bigham v. MadisonTennessee Supreme Court · 1899
- Burke v. SmithSupreme Court of Oklahoma · 1916
- Glover v. BullardSupreme Court of Arkansas · 1926
- Polack v. SteinkeSupreme Court of Arkansas · 1911
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