Dollar v. Knight
Supreme Court of Arkansas
Appeal from Desba Chancery Court; E. G. Hammock, Chancellor; I. It is trne the contract does not describe the land in the terminology of the government survey, but it otherwise identifies it by description of ownership, -location and acreage.
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Appeal from Desba Chancery Court; E. G. Hammock, Chancellor; I. It is trne the contract does not describe the land in the terminology of the government survey, but it otherwise identifies it by description of ownership, -location and acreage. Parol evidence is admissible to show the application of a description which itself furnishes a means of identification. 85 Ark. 1. The maxim, “Id certim est quod cerium reddi potest,” applies. 28 Ark. 78. The description was sufficient so that by evidence aliunde the law could, be made certain. 30 Ark. 513; 25 R. C. L. 651; 79 Ark. 442; 1101 Id. 571. The…
1Opinion of the CourtHumphreys, J.
Appellant filed suit aguinst appellee in the Desha Chancery Court to enforce the specific performance of a written contract for the sale and purchase of a 400-acre tract of land belonging* to appellant and lying on the public road, adjoining the town of Arkansas City, Arkansas, together with live stock and other personal property. The contract was made a part of the complaint and is as follows:
“EXHIBIT ‘A.’ ”
“Arkansas City, Ark., Jan. 22, 1920.
“agreement
“This agreement entered into by and between N. Dollar and W. T. Knight, both of Arkansas City, Ark.
“Be it understood that I, N. Dollar, agree…
2Cases cited6 opinions
- Fordyce Lumber Co. v. WallaceSupreme Court of Arkansas · 1907
- Bumpass v. TaggartSupreme Court of Arkansas · 1870
- Watkins v. TurnerSupreme Court of Arkansas · 1879
- Smith v. PriceSupreme Court of Arkansas · 1916
- Wilkins v. EanesSupreme Court of Arkansas · 1916
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Bharodia v. PledgerSupreme Court of Arkansas · 2000
- Moore v. ExelbySupreme Court of Arkansas · 1926
- Loveless v. DiehlSupreme Court of Arkansas · 1963
- Petroleum Exchange Inc. v. PoynterNorth Dakota Supreme Court · 1954
- McCargo v. SteeleDistrict Court, W.D. Arkansas · 1958
14 more not listed; retrieve them via the Exa API.