Miller v. Fraley
Supreme Court of Arkansas
Appeal jrom Independence Circuit Court in Chancery. Hon. WtLLrAM R. Cain, Special Judge. So far as the subject matter of this suit is concerned, Greenwood & Co. must certainly fail in their defence, because it is not well pleaded. The requisite allegations of a plea of purchase lor a valuable consideration, without notice, may be seen by reference to 2 Dan. Ch. PI. 4* Pr. 775, 776, 778; 3 Sugden on Ven. {Qlh Am.
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Appeal jrom Independence Circuit Court in Chancery. Hon. WtLLrAM R. Cain, Special Judge. So far as the subject matter of this suit is concerned, Greenwood & Co. must certainly fail in their defence, because it is not well pleaded. The requisite allegations of a plea of purchase lor a valuable consideration, without notice, may be seen by reference to 2 Dan. Ch. PI. 4* Pr. 775, 776, 778; 3 Sugden on Ven. {Qlh Am. Ed., side page) 490. These authorities are fully sustained by this Court, in the case of Byers 4’ Fowler vs. McDonald et al., 12 Ark. 286. All these authorities are emphatic, that the…
1Opinion of the CourtChief Justice English
Bill filed by Wm. R. Miller, 15th July, 1855, in the Independence Circuit Court, against David S. Fraley, Lewis W. Kin-man, and the firm of Moses Greenwood & Co., composed of Greenwood and Thomas E. Adams.
The case made by the bill is, in substance, as follows:
On the 18th March, 1854, Goff obtained a judgment in the Independence Circuit Court, against Lewis W. Kinman; upon which an execution was issued, 31st March following, to the sheriff of said county, and levied upon the N. E. qr. and the N. E. qr. of the N. W. qr. of Section 26; and the S. E. qr. of the N. W. qr. and the N. W. qr. of the…
2Cases cited3 opinions
- Gallatian v. CunninghamCourt for the Trial of Impeachments and Correction of Errors · 1826
- Manhattan Co. v. EvertsonNew York Court of Chancery · 1837
- Moore v. ClaySupreme Court of Alabama · 1845
3Cited by6 opinions
- City National Bank v. JeffriesSupreme Court of Alabama · 1882
- Hendricks v. CallowaySupreme Court of Missouri · 1908
- Rozell v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1905
- Miller v. FraleySupreme Court of Arkansas · 1861
- Richards v. VaccaroMississippi Supreme Court · 1890
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