Roach v. A. D. Malone Mercantile Co.
Supreme Court of Arkansas
Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; 1. The land was never conveyed by Mrs. Simmons to Bryson. Bryson never acquired title. The deed to Bryson was never delivered. Tiedeman on Real Prop.
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Appeal from Conway Chancery Court; Jordan Sellers, Chancellor; 1. The land was never conveyed by Mrs. Simmons to Bryson. Bryson never acquired title. The deed to Bryson was never delivered. Tiedeman on Real Prop. (3 ed.), § 576-8; 8 R. C. L. 973-4; 24 Ark. 244; 84 Id. 610; 77 Id. 89; 98 Ú. 466; 100' Id. 427. A deed to pass title must be delivered during the lifetime of the grantor. 93 Id. 324; 116 Id. 142; 8 R. C. L. 988; 14 Pac. 530; 13 L. R. A. 714. 2. The deed was not even an escrow. 89 Ark. 191; 122 Id. 548. Mrs. Simmons never lost control of it; it was not deposited to be delivered…
1Opinion of the CourtHumphbeys, J.
"William Bryson instituted this suit against the appellee on the 9th day of September, 1916, in the Conway Chancery Court, seeking to quiet his title to the possession of the west half of the northwest quarter, section 14, township 6 north, range 16 west, in Conway County, alleging that he had acquired title thereto either by adverse possession, the possession and erection of valuable improvements thereon under contract of purchase from Sarah A. Simmons, the testatrix of appellant Boach, or by deed from the said Sarah A- Simmons.
Appellant Boach denied that William Bryson had acquired title…
2Cases cited5 opinions
- Campbell v. JonesSupreme Court of Arkansas · 1889
- Fine v. LasaterSupreme Court of Arkansas · 1913
- Inglish v. BrenemanSupreme Court of Arkansas · 1844
- Masters v. ClarkSupreme Court of Arkansas · 1909
- Moore v. MoyeSupreme Court of Arkansas · 1916
3Cited by2 opinions
- Garrison v. GerenSupreme Court of Arkansas · 1923
- Hatchett v. TerryCourt of Appeals of Arkansas · 2004