Cherry v. Brizzolara
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John B. Mwrtineau, Chancellor; If there is such knowledge as makes it inequitable for the purchaser to retain an advantage acquired by him, the court will deal as summarily wtih that inequitable position of the party as in case of actual fraud. 52 Conn. 483; 44 N. Y. 525. The prayer for general relief was broad enough to have enabled the court to direct a decree in conformity with the evidence. 72 la. 677; 77 N. Y. 226. An implied easement…
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Appeal from Pulaski Chancery Court; John B. Mwrtineau, Chancellor; If there is such knowledge as makes it inequitable for the purchaser to retain an advantage acquired by him, the court will deal as summarily wtih that inequitable position of the party as in case of actual fraud. 52 Conn. 483; 44 N. Y. 525. The prayer for general relief was broad enough to have enabled the court to direct a decree in conformity with the evidence. 72 la. 677; 77 N. Y. 226. An implied easement in a party wall passes to the vendee, of one of the buildings. 61 N. E. 240; 80 Ky. 391; 44 Am. Rep. 484. The fact that…
1Opinion of the CourtFrauEnthar, J.
On June 1, 1900, the appellee, L. W. Cherry, for the consideration of $13,250, conveyed by warranty deed to the appellant, A. Brizzolara, a lot in the city of Little Rock, Arkansas, which is described in said deed by metes and bounds as follows: “the south half (j4) of lot four (4) block five (5) of the city of Little Rock, Ark., being 25 feet front on Main Street;” and in July, 1905, he instituted this suit against the appellee, A. Brizzolara, in the Pulaski Chancery . Court seeking to reform said deed by correcting the .description of the land. He alleged that by mutual mistake on the part…
2Cases cited19 opinions
- Lampman v. . MilksNew York Court of Appeals · 1860
- Paine v. . ChandlerNew York Court of Appeals · 1892
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Burns v. GallagherCourt of Appeals of Maryland · 1884
- Dillman v. HoffmanWisconsin Supreme Court · 1875
14 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Larue v. Greene County BankTennessee Supreme Court · 1942
- Van Deventer v. Gulf Production Co.Court of Appeals of Texas · 1931
- Coumas v. Transcontinental Garage, Inc.Wyoming Supreme Court · 1951
- Parker v. CarterSupreme Court of Arkansas · 1909
- United States v. ThompsonDistrict Court, E.D. Arkansas · 1967
27 more not listed; retrieve them via the Exa API.