Ryan v. Batchelor
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; Appellant was entitled to judgment for the amount sued for. 61 Ark. 120; 19 Ark. 102; 14 N. Y. 143; 133 N. Y. 227; 30 N. E. 974; 10 R. R. A. 656. In the absence of fraud, the buyer takes the risk of quantity when the words “more or less” are in the descriptive part of the deed. 19 Ark. 108. Appellant had no right to rely on statements made by appellee. 47 Ark. 165.
1Opinion of the CourtFrauenthal, J.
The appellee sold to appellant a tract of land in Craighead County, and conveyed same to him by a warranty deed. In the deed the land was described as follows: “The fractional south half of the northwest quarter of section eleven, township fourteen north, range three west, being all of said subdivision lying north of the Kansas City, Fort Scott & Memphis Railway, containing seventy acres more or less.” About two years after the purchase was made the appellant had the land surveyed, and claimed that there were only 57.23 acres in the tract. He then instituted this suit against the appellee,…
2Cases cited5 opinions
- Matlock v. ReppySupreme Court of Arkansas · 1886
- Neely v. RembertSupreme Court of Arkansas · 1902
- Fitzhugh v. DavisSupreme Court of Arkansas · 1885
- Hill v. BushSupreme Court of Arkansas · 1858
- Goodwin v. RobinsonSupreme Court of Arkansas · 1875
3Cited by20 opinions
- Delta School of Commerce, Inc. v. WoodSupreme Court of Arkansas · 1989
- Brown v. LeMaySupreme Court of Arkansas · 1911
- Faye Hendrix Vickers, Individually and as Administratrix of the Estate of Arthur Ray Hendrix, Deceased v. Gifford-Hill & Company, Inc.Court of Appeals for the Eighth Circuit · 1976
- Mobbs v. BurrowSupreme Court of Arkansas · 1914
- English v. NorthSupreme Court of Arkansas · 1914
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