Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 23

Arkansas Reports; Cases Determined in the Supreme Court of Arkansas Volume 23

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1867 edition. Excerpt: ... locating them in the name of Whatley, located them for Wliatley alone, and while in his employment as overseer, and in the charge of his business in Arkansas, Whatley being himselt at the times of the locating, in Georgia, where he then resided. Other matters are asserted in the bill as ancillary to, or explanatory of its main feature, as above depicted, and especially as to Vhatley's giving his sister, Strong's wife, a quarter section, or three quarter sections of land; but this, _and that part of the case touching the state of accounts between the parties. as affected by Strong's use of VVhatley's negroes, by his working and incurring expenses upon his lands, by living from their proceeds, and by the settlement stated in the answer, and exhibited with it. need not be considered until it is ascertained whether any agreement was made between the parties on which to support a decree for specifie performance. 'If this be answered in the affirmative, it may then be the subject of enquiry whether the agreement, that is taken to be established, be such as chancery will specifically perform, and if not illegal by the statute of frauds, whether it so commends itself to the discretion of a court of equity as to procure its enforcement, and also, whether, if not enforced, as asked by the bill, the bill will be retained for an award of compensation to Strong for his location of the lands. William J. Strong, a. witness for the plaintiff, and his son, proves the contract as set forth in the bill, though his deposition and the bill do not agree upon the time when the agreement was made; the bill charging that it was made in November, 1852, and that it was repeated over at Alfred Harrell's in Chambers county. Alabama, ...show more

Product details

  • Paperback | 248 pages
  • 189 x 246 x 13mm | 449g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236760638
  • 9781236760630