McGowan v. Smith
Supreme Court of Arkansas
Appeal-from Craighead Chancery Court. Edward D. Robertson, Chancellor. Appellee should have conveyed appellant at least a marketable title. 13 Ark. 423; 51 S. W. 69; 39 S. W. 842; 120 N. Y. 253; S. C. 24 N. E. 195; Maupin, Marketable Titles, §§ 283, 284. Appellant was entitled to a rescission. 27 Ark. 160; 31 Ark. 151; 60 id. 89; 17 id. 603; 17 id. 228; 20 id. 424; 21 id. 235; Maupin, Marketable Titles, §§ 219, 254, 256, 279. Upon the refusal of appellee to purchase the…
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Appeal-from Craighead Chancery Court. Edward D. Robertson, Chancellor. Appellee should have conveyed appellant at least a marketable title. 13 Ark. 423; 51 S. W. 69; 39 S. W. 842; 120 N. Y. 253; S. C. 24 N. E. 195; Maupin, Marketable Titles, §§ 283, 284. Appellant was entitled to a rescission. 27 Ark. 160; 31 Ark. 151; 60 id. 89; 17 id. 603; 17 id. 228; 20 id. 424; 21 id. 235; Maupin, Marketable Titles, §§ 219, 254, 256, 279. Upon the refusal of appellee to purchase the outstanding title for the benefit of his vendee, the latter, having abandoned possession, was entitled to purchase. 27 Ark.…
1Opinion of the CourtBunn, C. J.
On the 1st of November, 1894, the appellee, Smith, sold to the appellant the land in controversy for the sum of $275, payable in three annual installments, two for $92 each, and the third for $91, for which he took his three several promissory notes, each bearing interest at the rate of six per centum per annum from date until paid, and put the appellant in immediate possession, which the latter held until some time in August, 1897, making some improvements thereon in the meantime, and then abandoned the same to appellee, never having paid anything towards the satisfaction of said…
2Cases cited2 opinions
- Desha's Exrs. v. RobinsonSupreme Court of Arkansas · 1856
- Walker v. TownsSupreme Court of Arkansas · 1861
3Cited by2 opinions
- Carrick v. GormanSupreme Court of Arkansas · 1960
- Carrick v. GormanSupreme Court of Arkansas · 1960