Peters v. Priest
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; 1. The title to the land vested in appellant and she became the owner. The conveyance was beneficial to her and carried with it no burden or duty, no positive act of assent on her part was necessary. It is presumed she assented. Tiedeman on Eeal Property, § 814. The deed was duly signed and acknowledged and recorded. It was delivered to her father for her.
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Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; 1. The title to the land vested in appellant and she became the owner. The conveyance was beneficial to her and carried with it no burden or duty, no positive act of assent on her part was necessary. It is presumed she assented. Tiedeman on Eeal Property, § 814. The deed was duly signed and acknowledged and recorded. It was delivered to her father for her. Kirby’s Dig. § 756. 2. It was effective to pass the title and its effect as a conveyance was not destroyed by loss or destruction. Kirby’s Dig., § 757; 108 Ark. 490. 3.…
1Opinion of the CourtMcCULLOCH, C. J.
Appellant asserts title in this action to a tract of land containing forty acres, situated in Drew County, Arkansas, and described as the southeast quarter of the southwest quarter of section 32, in township 12 south, range 6 west. She claims that the land in controversy was originally owned by her great-aunt, Elizabeth Priest, who, in the year 1872, executed a deed conveying the land to her and delivered the deed to her father, Benjamin A. Priest, but that her father kept the deed without recording it, and that she did not know of its existence until after her father’s death in the year 1915.
2Cases cited3 opinions
- Smith v. SmithSupreme Court of Arkansas · 1906
- Richardson v. TaylorSupreme Court of Arkansas · 1885
- King v. SlaterSupreme Court of Arkansas · 1910
3Cited by5 opinions
- Nelson v. HallSupreme Court of Arkansas · 1926
- Flanagan v. RaySupreme Court of Arkansas · 1921
- Cunningham v. DellmonSupreme Court of Arkansas · 1922
- Home Insurance Co. v. Allied Telephone Co.Supreme Court of Arkansas · 1969
- Wells v. SmithSupreme Court of Arkansas · 1939