Finley v. Finley
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; 1. The deed was void for fraud, and the burden was on appellee to show its absence. 40 Ark. 393; 9 Ves. 291; Pom. Eq. Jur. §§ 951, 958; 46 Ark. 25; 74 Id. 231; 73 Id. 575; 54'Id. 627; 40 Id. 393; 96 Id. 281; etc. 2. There was no laches, and the statute of limitations never commenced to run. 1. No undue influence or fraud is shown. 71 Ark. 494; 75 Id. 89; 2 Pom. Eq. Jur.
Read the full summary
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; 1. The deed was void for fraud, and the burden was on appellee to show its absence. 40 Ark. 393; 9 Ves. 291; Pom. Eq. Jur. §§ 951, 958; 46 Ark. 25; 74 Id. 231; 73 Id. 575; 54'Id. 627; 40 Id. 393; 96 Id. 281; etc. 2. There was no laches, and the statute of limitations never commenced to run. 1. No undue influence or fraud is shown. 71 Ark. 494; 75 Id. 89; 2 Pom. Eq. Jur. (2 ed.) § 1036; 25 L. R. A. (N. S.) 1194; 106 Am. St. 791; 120 Id. 710; 137 Id. 342. 2. .The question as to laches is determined in each case by its own…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellant, David M. Finley, to cancel certain deeds which he had executed to W. H. Turner, one of the appellees. He alleged that his uncle, John T. Finley, held these lands, with others, for him in trust under a conveyance from his mother, Lelia C. Finley, executéd in the year 1892; that after he became of age said trustee, John T. Finley, conveyed the trust estate to him by deed executed on March 27, 1905, and on the same day caused him, by threats and false promises, to execute, without consideration, a deed to appellee Turner conveying the lands in…
2Cases cited5 opinions
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Patterson v. HewittSupreme Court of the United States · 1904
- MacKall v. CasilearSupreme Court of the United States · 1890
- Davis v. HarrellSupreme Court of Arkansas · 1911
- Segers v. AyersSupreme Court of Arkansas · 1910
3Cited by6 opinions
- Grimes v. CarrollSupreme Court of Arkansas · 1950
- Board of Levee Inspectors v. Southwestern Land & Timber Co.Supreme Court of Arkansas · 1914
- Norfleet v. HampsonSupreme Court of Arkansas · 1919
- Veasey v. VeaseySupreme Court of Arkansas · 1913
- Meacham v. Mid-South Cotton Growers AssociationSupreme Court of Arkansas · 1938
1 more not listed; retrieve them via the Exa API.