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8 Ark. 103

Pulaski County v. Lincoln

Supreme Court of Arkansas

Decided January 15, 1852

Supreme Court of Arkansas · decided 1852-01-15

The bill prayed a rescisión of the contract of purchase, and that Lincoln produce and bring into court a county warrant for $400, which had been issued to him for the land, to be canceled, die. The court dismissed the bill for want of equity, the county appealed, and this court reversed the decision, and remanded the case with instructions to the court below to render a decree for the complainant in accordance with the prayer of the bill.

Decided 1852-01-15

Mr. Justice Walkee

¶1delivered the opinion of the Court.

¶2The earlier history of this case will be found reported in 4 Eng. 320. Upon consideration of the case then this court decided that the case be remanded, and a decree rendered therein in accordance with the prayer of the bill. Whether right or wrong, that decision is the law of the case, and the mandate upon the circuit court obligatory. Porter et al. v. Hanly, 5 Eng. 187.

¶3So far as the defendant’s interests were involved, from the state of the issue, and the admissions by the defendant that the bill was true, there is no perceivable error. If there were rents and profits to be accounted for, he should have set them up and made an issue in the pleadings, which would have warranted a decree in regard to them. The only material departure from the prayer of the bill was in making the order to deliver up the scrip conditional. From the state of the pleadings, it was a point conceded that Lincoln had the scrip, and the prayer of the bill was that he should, deliver it up to be canceled. The decree should have been rendered accordingty with such further decretal order as might be necessary to enforce its observance. For this error, the decree must be set aside, and the cause remanded for further proceedings to be had according to the equitable rights of the parties, in accordance with the opinion herein delivered.

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