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48 Ark. 167

Hughey v. Bratton

Supreme Court of Arkansas

Decided November 15, 1886

Supreme Court of Arkansas · decided 1886-11-15

Hon. J. W. Robb, Special Judge. statement. Bratton filed his complaint in equity against Hughey, Strickland and Barnett, alleging, in substance, that he had purchased of Hughey and Strickland by parol contract, a tract of land, of which they placed him in possession and agreed to make to him a deed on demand; that he remained in possession three years, made valuable improvements on the land and then moved off to another county, leaving Hughey in possession, as his agent, to…

Cited by 1 later decisions — most recently October 1898

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1886-11-15

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Battle, J.

¶1We find no error prejudicial to appellants in so much of the decree of the court below as is in favor of appellee, Bratton. The cause of action set forth in the cross-complaint of appellee, Barnett, cannot properly be made the subject matter of a cross-complaint in an action like this. A cross-complaint against a co-defendant, which seeks relief by way of damages for a breach of covenant and presents no grounds of equitable cognizance, will not be entertained. Trapnall v. Hill, 31 Ark., 345.

¶2So much of the decree of the court below as is based on the cross-complaint of Barnett is, therefore, reversed. A ■decree will be entered here in favor of appellants against Barnett, dismissing the cross-complaint of Barnett without prejudice, and for the costs incurred by reason thereof, and this appeal. In other respects the decree of the court below is affirmed.

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