Reynolds v. Blanks
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Marcus L,. Hawkins, Chancellor; 1. Since there had been no forfeiture declared of appellant’s contract up to the time of the assignment, nor any demand upon him for a surrender of the contract, and since appellee received the deed under the contract upon paying the amount due, he would not be permitted to plead a forfeiture made before the execution of the deed, even if it had been made.
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Appeal from Drew Chancery Court; Marcus L,. Hawkins, Chancellor; 1. Since there had been no forfeiture declared of appellant’s contract up to the time of the assignment, nor any demand upon him for a surrender of the contract, and since appellee received the deed under the contract upon paying the amount due, he would not be permitted to plead a forfeiture made before the execution of the deed, even if it had been made. Equity does not favor forfeitures. 56 Ark. 107; 59 Ark. 405. 2. Oral testimony was admissible to show what the consideration and conditions of the contract were. 53 Ark. 4; 22…
1Opinion of the CourtHill, C. J.
Tony Reynolds, a negro, obtained from Wells & Williamson, as agents for a non-resident owner, a tract of 160 acres of land in Drew County. He was to receive deed upon payment of $560 within, five years, with interest; and was to pay $75 per annum, as rent, but such rent payments to be credited on purchase price. He paid $178.10, and cleared 40 acres, deadened some 8 or 9 acres, built various houses, cribs and barns, and fencing. The payments for 1899 and 1900 were made; for 1901 was not made, but on March 17, 1902, $28.10 was paid. Neither Wells & Williamson nor their client, the owner, made…
2Cited by1 opinion
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