Legal Opinion

Bradbury v. Dumond

Supreme Court of Arkansas

Decided July 23, 1906PublishedCited by 20 opinions

Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; I. The possession of appellants and their ancestor for more than seven years perfected their title, even if the deed was void on its face, the lands claimed being therein aptly described. 60 Ark. 499; 40 Ark. 237; 20 Ark. 508; lb. 542; 34 Ark. 547; 38 Ark. 181; 48 Ark. 312; 91 S. W. 22; 91 S. W. 178. See, also, 34 Ark. 534; lb. 598. 2. The possession of appellee himself for four years under the purchase was…

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Appeal from Arkansas Chancery Court; John M. Elliott, Chancellor; I. The possession of appellants and their ancestor for more than seven years perfected their title, even if the deed was void on its face, the lands claimed being therein aptly described. 60 Ark. 499; 40 Ark. 237; 20 Ark. 508; lb. 542; 34 Ark. 547; 38 Ark. 181; 48 Ark. 312; 91 S. W. 22; 91 S. W. 178. See, also, 34 Ark. 534; lb. 598. 2. The possession of appellee himself for four years under the purchase was more than sufficient to give title as against all persons save those under disabilities. 3. In an action to set aside a…

1Opinion of the CourtHill, C. J.

Appellants sold appellee two tracts of adjacent land, one called a forty and the other an eighty, gave him bond for title, and he executed notes for purchase price.

This was a suit on the notes and for enforcement of vendor’s lien. Appellee answered, setting up a misrepresentation and failure of title as to the eighty, and praying rescission as to it. The chancellor gave judgment against him for balance of purchase money due on the forty, and rescinded the contract as to the eighty, and the vendors bring the case here.

The extent of the fraudulent or false representation was that the…

2Cases cited3 opinions

  1. Ross v. RoyalSupreme Court of Arkansas · 1905
  2. Dickinson v. HardieSupreme Court of Arkansas · 1906
  3. Bagley v. CastileSupreme Court of Arkansas · 1883

3Cited by20 opinions

  1. Utley v. RuffSupreme Court of Arkansas · 1973
  2. Skelly Oil Company v. JohnsonSupreme Court of Arkansas · 1946
  3. Bruch v. Benedict Barnes Bros.Wyoming Supreme Court · 1946
  4. Sims v. PetreeSupreme Court of Arkansas · 1944
  5. Terry v. Drainage District No. 6, Miller CountySupreme Court of Arkansas · 1943

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