Springfield & Memphis Railroad v. Stewart
Supreme Court of Arkansas
APPEAL from Crittenden Circuit Court in Chancery. J. E. Riddick, Judge. 1. No sufficient grounds for rescission were shown. Bish. Eq., sec. 190-1; lb., 230-1. 2. A vendor has an equitable lien for the unpaid purchase price of land, but he may waive it expressly or impliedly. In this case the conduct of the vendor amounted to a waiver.
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APPEAL from Crittenden Circuit Court in Chancery. J. E. Riddick, Judge. 1. No sufficient grounds for rescission were shown. Bish. Eq., sec. 190-1; lb., 230-1. 2. A vendor has an equitable lien for the unpaid purchase price of land, but he may waive it expressly or impliedly. In this case the conduct of the vendor amounted to a waiver. The intention was to rely on the obligation of the citizens, and the lien is waived. 30 Ark., 172 ; 33 Id., 240; 35 Id., 100; 46 Id., 267. 1. There was in fact no contract with appellee. 1 Wait’s Ac. and Def., p. 83. 2. The deed was not fairly made, understood…
1Opinion of the CourtBattle, J.
In the course of the construction of its road appellant proposed to certain citizens of Marion, in this State, that it would build its road to Marion and locate a depot there, on certain ground, if they would procure and cause to be conveyed to it, free of charge, certain land for right of way and station purposes, a part of which belonged to appellee. The citizens referred to accepted the proposition and caused ap-pellee to convey so much of the land as belonged to her to the appellant, and executed to her their obligation ■ to pay her fifty dollars an acre for the land so conveyed, when the…
2Cited by3 opinions
- Lay v. GainesSupreme Court of Arkansas · 1917
- Griffin v. SmithCourt of Appeals for the Eighth Circuit · 1906
- Bray v. BookerNorth Dakota Supreme Court · 1899