Peay v. Martin Abstract


Home \| About \| How to Search \| Cases \| History \| Names \| Places \| Glossary \| Subject Index \| Sources \| Links \| Law School

Nicholas Peay v. Allen Martin and Martha Martin

Abstract

In February 1827, Nicholas Peay, represented by William H. Parrott, filed suit in the Superior Court against Allen and Martha Martin. They were co-executors of the estate of James Martin, Allen's brother and Martha's husband. Peay alleged that Allen and Martha had agreed to lease James Martin's house opposite Little Rock on the north side of the Arkansas River. The farm included ten acres. The lease was for a term of three years, and in return Peay would pay them an annual rent of $235. Allen and Martha agreed that they would build a 24 by 40 foot stable, a 12 by 16 foot smokehouse, a "necessary suited to the house," and a pump. The use of "a necessary," meaning an outhouse or privy, is interesting as it is not a term associated with the South. Instead, Wikipedia lists it as a New England term. If Peay built any of these they agreed to pay him. Peay was free to remove at the end of the term any improvements that he built at his own cost. Peay alleged that he was ready to pay and take possession, but that Allen and Martha refused to go through with the deal. Peay's form of action was covenant broken, similar to today's breach of contract. Peay did not include the lease with the pleadings because he said it was in the possession of Henry Armstrong. He asked for $5,000 in damages.

The case was first called at the April Term. The court ordered that a writ of scire facias issue against David Rorer to show cause why the suit should not be revived against him, since he had become the husband of Martha Martin. Under the doctrine of coverture, any property that Martha Martin owned in her own name became that of Rorer once they married, and was subject to his control. Thus if Peay was attempting to reach Martha's property, he would have to sue her husband. On September 6, 1827, Clerk David E. McKinney issued the summons, which required Rorer to appear at the September 1827 Term. Sheriff Samuel Rutherford served Rorer in the presence of Robert Oden and John T. Garrett in Pulaski County.

At the September Term the court continued the case until the next term. In April 1828, the parties agreed to dismiss the suit. The defendants agreed to pay Peay's costs out of any unadministered assets in James Martin's estate.

Previous Case | Next Page