Nolley v. Rogers
Supreme Court of Arkansas
Appeal from Union Circuit Court in Chancery. Hon. Len B. Geeen, Circuit Judge. In a bill for the specific performance of a contract, the party complaining must aver a performance of the conditions precedent upon his part, or a legal excuse for non-performance. 6 Eng. 734; 3 Ark. 252, 334; 4 John. C. R. 559; 1 lb. 360; 9 Mass. 78; 2 Pick. 267; 4 Pick. 101; 12 John. Rep. 165; 13 lb. 94; 19 lb-337.
1Opinion of the CourtJustice FaiRceuld
The plaintiff did not unfold his case in the bill, by statement of the exact consideration of the trust deed; of the amount due under it; of the way in which the debts he was seeking to have paid to him, or to be indemnified against, accrued: of what had been done under the trust deed, or with the trust property, so as to assure for himself the favorable consideration of a court of equity. It should not have been, that a party, seeking a benefit under a deed of trust, should first disclose the actual consideration of the deed, and what had been transacted with relation to the trust property,…
2Cases cited1 opinion
- Carneal v. BanksSupreme Court of the United States · 1825
3Cited by1 opinion
- Finletter v. AppletonSupreme Court of Pennsylvania · 1900