Walker v. Towns
Supreme Court of Arkansas
Appeal from Hempstead Circuit Cotu t in Chancery. Hon. Len B. Green, Circuit Judge. On the application of the vendor, equity will npt compel the purchaser to take a doubtful title:»and, under this contract, Walker had no right to expect that an unencumbered estate in fee simple would be conveyed to him: and there is nothing shown which places him in position to have forced upon him an unsound title for a sound price, or to oblige him to be satisfied with the possession of…
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Appeal from Hempstead Circuit Cotu t in Chancery. Hon. Len B. Green, Circuit Judge. On the application of the vendor, equity will npt compel the purchaser to take a doubtful title:»and, under this contract, Walker had no right to expect that an unencumbered estate in fee simple would be conveyed to him: and there is nothing shown which places him in position to have forced upon him an unsound title for a sound price, or to oblige him to be satisfied with the possession of the land-alone, without title, and to accept, in place of a conveyance of the land, the mere naked warranty of an executor…
1Opinion of the CourtJustice Faihchild
Francis W. Boyd sold to Walker his farm, in Hempstead county, with the farming utensils, stock, and twenty-one slaves, for which Walker was to pay fifteen thousand dollars, in five annual installments, the last of which became due the 7th of April, 1848, and was witnessed by a bond for the payment of three thousand dollars, with six per cent, interest from its date, the 7th of April, 1843. Boyd gave a bond for title to the lands, by which he was to make “ a full and warrantee deed in fee simple” to the lands “ on the completion of the payment” of the fifteen thousand dollars. To secure the…
2Cited by4 opinions
- Van Bibber v. HardySupreme Court of Arkansas · 1949
- McGowan v. SmithSupreme Court of Arkansas · 1900
- Carrick v. GormanSupreme Court of Arkansas · 1960
- Carrick v. GormanSupreme Court of Arkansas · 1960