Patton v. Mills
Supreme Court of Arkansas
Error from, Pawnee District Court. Action, by Mills against Patton. Trial at June Term, 1877, of the district court, and findings and judgment for Mills. New trial refused, and Patton brings the case here for review. All necessary facts and proceedings, and questions presented, fully appear in the subjoined opinion. The verbal promise made by Patton to Mills was wholly without consideration, and therefore void.
Read the full summary
Error from, Pawnee District Court. Action, by Mills against Patton. Trial at June Term, 1877, of the district court, and findings and judgment for Mills. New trial refused, and Patton brings the case here for review. All necessary facts and proceedings, and questions presented, fully appear in the subjoined opinion. The verbal promise made by Patton to Mills was wholly without consideration, and therefore void. It appears that there was no arrangement ever made by which Patton was to receive a dollar of the purchase price paid by Mills; that Mills obtained a warranty deed from Mattie Sanford,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The facts in this case as shown by the findings are substantially, that one Mattie Sanford preempted a certain tract of land in Pawnee county; that one Hurd held a judgment against her, and that she was also indebted to defendant, now plaintiff in error, in the sum of $100; that prior to her obtaining title from the government, defendant, in order to collect his debt, verbally promised plaintiff that if he would buy the land he would see and be responsible to him, the plaintiff, that said judgment should not be a lien on said tract of land,…
2Cases cited4 opinions
- Barker v. . BradleyNew York Court of Appeals · 1870
- Wilson v. BevansIllinois Supreme Court · 1871
- Brown ex rel. Clardy v. BrownSupreme Court of Missouri · 1870
- McCreary v. Van Hook's ExecutorsCourt of Appeals of Texas · 1872
3Cited by9 opinions
- Howell v. HarveyWest Virginia Supreme Court · 1909
- Sawtelle v. Cosden Oil & Gas Co.Supreme Court of Kansas · 1929
- Johnson v. CunninghamSupreme Court of Kansas · 1917
- Allen v. TurnerSupreme Court of Kansas · 1940
- Hartford Fire Ins. Co. v. P & H Cattle Co., Inc.District Court, D. Kansas · 2006
4 more not listed; retrieve them via the Exa API.