Luck v. Magnolia-McNeil Road Improvement District No. 1
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; James M. Barker, Chancellor; 1. The court erred in dismissing the bill, as the allegations constitute a fraud upon the rights of appellants which should be relieved against in equity and the fraud was not discovered until after the order was made in county court and the time elapsed for appeal. The misrepresentations set forth, if made, and they were, constituted a fraud upon the rights of plaintiffs. Freeman on Judg.
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Appeal from Columbia Chancery Court; James M. Barker, Chancellor; 1. The court erred in dismissing the bill, as the allegations constitute a fraud upon the rights of appellants which should be relieved against in equity and the fraud was not discovered until after the order was made in county court and the time elapsed for appeal. The misrepresentations set forth, if made, and they were, constituted a fraud upon the rights of plaintiffs. Freeman on Judg. (3 Ed.), ch. 6, p. 99; 107 Ark. 136; 194 8. W. 499; 90 Ark. 591, 261, 166; 75 Id. 415. 2. The chancery court had jurisdiction. Cases supra.…
1Opinion of the CourtHumphreys, J.
Appellants instituted suit against appellee in the Columbia Chancery Court to dissolve the district and enjoin its commissioners from selling bonds, letting the contract and constructing a road or improvements. It was alleged, in substance, in the bill that appellants, land owners in the district, were induced to sign the original petition for the organization of the district upon the representation that the contemplated improvement would not cost more than four or five cents an acre per year, covering a period of twenty years, on the lands embraced in the district, and that more than seven…
2Cases cited2 opinions
- Lamberson v. CollinsSupreme Court of Arkansas · 1916
- Echols v. TriceSupreme Court of Arkansas · 1917
3Cited by5 opinions
- Pharr v. KnoxSupreme Court of Arkansas · 1920
- Reynolds v. HallSupreme Court of Arkansas · 1953
- Dowell v. SlaughterSupreme Court of Arkansas · 1932
- Ahern v. Paving Improvement District No. 53 of TexarkanaSupreme Court of Arkansas · 1930
- Poole v. TinerSupreme Court of South Carolina · 1946