Porter v. Clements
Supreme Court of Arkansas
Appeal from Phillips Circuit Court. In chancery. Clements filed his bill in Phillips Circuit Court, to November Term, 1835, and by it alleged: That about September, 1829, he, having occasion for money, applied to S)lvanus Phillips to lend him the same, and Phillips then lent him $400; that to secure the re-payment thereof, Clements executed to 'Phillips an instrument in writing, purporting to be a bill of sale for four slaves, who are named, of the value of about $1500: that…
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Appeal from Phillips Circuit Court. In chancery. Clements filed his bill in Phillips Circuit Court, to November Term, 1835, and by it alleged: That about September, 1829, he, having occasion for money, applied to S)lvanus Phillips to lend him the same, and Phillips then lent him $400; that to secure the re-payment thereof, Clements executed to 'Phillips an instrument in writing, purporting to be a bill of sale for four slaves, who are named, of the value of about $1500: that at the particular request of Phillips, Clements induced his eldest daughter, then under age, to join him in said bill…
1Opinion of the CourtDickinson, J.
The first question which presents itself for our consideration, is, “ Ought the Court below to have entered any decree in favor of Clements, as the case then stood before them?” The covenant of Phillips to re-convey, is made to Clements and his daughter Louisa, jointly: whether she had an interest in the property sold, or not, does not appear, nor is it important to inquire. The only claim set up in the bill, is founded upon the covenant of Phillips. A Court of Equity aims to complete justice by deciding upon and settling the rights of all who are interested, either legally or beneficially,…
2Cases cited1 opinion
- Conway's Executors & Devisees v. AlexanderSupreme Court of the United States · 1812
3Cited by6 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Worley, Receiver v. CarterSupreme Court of Oklahoma · 1912
- Beloate v. TaylorSupreme Court of Arkansas · 1941
- Johnson's ex'r v. ClarkSupreme Court of Arkansas · 1843
- Simon v. TrummerOregon Supreme Court · 1910
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