Mooney v. Rowland
Supreme Court of Arkansas
Appeal from Boone Circuit Court in Chancery. Brice B. Hudgins, Judge.' No case for specific performance was made by appellees in their cross-complaint. The parol agreement was within the statute of fraud. There was no .consideration shown for it, and no such part performance by entry and making valuable improvements, etc., as to constitute ground for specific performance. 1 Ark. 416; 44 id. 346; 39 id. 429; 32 id. 97; 11 S. W. Rep. 112; Waterman, Spec.
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Appeal from Boone Circuit Court in Chancery. Brice B. Hudgins, Judge.' No case for specific performance was made by appellees in their cross-complaint. The parol agreement was within the statute of fraud. There was no .consideration shown for it, and no such part performance by entry and making valuable improvements, etc., as to constitute ground for specific performance. 1 Ark. 416; 44 id. 346; 39 id. 429; 32 id. 97; 11 S. W. Rep. 112; Waterman, Spec. Perf. 258; 21 Ark. 277; 4 Wall. 513. As between co-tenants, the doctrine of part performance has no application. Freeman on Co. Ten. §§ 261-2;…
1Opinion of the CourtBunn, C. J.
George Rowland, the common ancestor of all the parties to this suit, died intestate in 1856, leaving surviving him Mary Rowland, his widow, and John B. Rowland, James A. Rowland (father-in-law of appellant W. F. Mooney, and father of appellant Mrs. E. R. Mooney and G. M. Rowland), and appellees, R. P. Rowland, M. H. Rowland, Mack Rowland, William Rowland, Elizabeth (mother of George, E. H. and Frank Jefferson), and George H. Rowland, whose only child, Augusta Eoff, is one of the parties defendant herein. John B. Rowland died childless and intestate in 1866, leaving no property except his…
2Cases cited1 opinion
- Pate v. JohnsonSupreme Court of Arkansas · 1854
3Cited by7 opinions
- Martin v. MartinSupreme Court of Arkansas · 1911
- Pfaff, Administratrix v. ClementsSupreme Court of Arkansas · 1948
- Jones v. BalentineCourt of Appeals of Arkansas · 1993
- Barnett v. BarnettSupreme Court of Arkansas · 1940
- Gardner v. WillsonSupreme Court of Arkansas · 1952
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