Watson v. Crutcher

• Decision Date: 09 April 1892
• Citation: Watson v. Crutcher, 19 S.W. 98, 56 Ark. 44 (Ark. 1892)
• Parties: WATSON v. CRUTCHER
• Court: Arkansas Supreme Court

19 S.W. 98

56 Ark. 44

WATSON v. CRUTCHER

Supreme Court of Arkansas

April 9, 1892

APPEAL from Woodruff Circuit Court in Chancery.

Crutcher brought suit against Watson to compel specific performance of a written contract to convey, among other lands, the north half of the southeast quarter of section three in township six north, range three west, less twenty-five acres off the south side thereof. The decree of the court was in plaintiff's favor, adjudging that the title to the lands described in the complaint be vested in plaintiff and that the line cutting off the sad twenty-five acres be run parallel with the south boundary line of the north half of the northeast quarter of section three, township six north and range three west. The defendant has appealed.

Judgment affirmed.

J. N Cypert for appellant.

J. W House for appellee.

OPINION

COCKRILL, C. J.

The appellant concedes the appellee's right to a specific performance. There is no controversy as to the quantity of land he should convey--the location of 25 acres of it in the N. 1-2 of the SE. 1-4 gives rise to the only controversy. The appellant maintains and undertook to prove that it should be laid off in an irregular form. The description, as given in the written obligation to convey, after the call for other tracts by legal subdivisions, is as follows: N. 1-2 of SE. 1-4 of section three in a given township and range, "less 25 acres off the south side."

As to whether parol proof was admissible to explain or vary this description, in the absence of proof of a mistake, we need not...