Fine v. Lasater
Supreme Court of Arkansas
Appeal from Crawford Chancery Court; J. V. Bourland, Chancellor; When E. B. Bryant placed the deed in question, together with his will, in an envelope, and deposited same in the Bank of Mulberry, was this deposit irrevocable? The facts developed in evidence show that he did not intend to part with the control of the instruments, but, on the contrary, a clear motive appears why- he should control, and intended to retain control of them.
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Appeal from Crawford Chancery Court; J. V. Bourland, Chancellor; When E. B. Bryant placed the deed in question, together with his will, in an envelope, and deposited same in the Bank of Mulberry, was this deposit irrevocable? The facts developed in evidence show that he did not intend to part with the control of the instruments, but, on the contrary, a clear motive appears why- he should control, and intended to retain control of them. Intention is the test of delivery, and “there is no delivery of a deed unless what is said and done by the grantor and grantee manifests their intention that…
1Opinion of the CourtHart, J.
Appellants instituted this suit in the chancery court against appellee, and their complaint alleges, in substance, that they, as well as appellee, Annaliza Lasater, are the heirs at law of E. B. Bryant, deceased. That during his lifetime, E. B. Bryant executed and acknowledged a deed to a tract of land owned by him to Annaliza Lasater. That said deed was never delivered to the grantee, but was wrongfully obtained by her, after the'grantor’s death, and placed on record. The prayer of the complaint is that the deed be cancelled as a cloud upon their title, and that the lands embraced in the…
2Cases cited3 opinions
- Battle v. AndersSupreme Court of Arkansas · 1911
- Boyd v. LloydSupreme Court of Arkansas · 1908
- Masters v. ClarkSupreme Court of Arkansas · 1909
3Cited by16 opinions
- Walk v. BarrettSupreme Court of Arkansas · 1928
- Singleton v. KellyUtah Supreme Court · 1922
- Brown v. BrownSupreme Court of Arkansas · 1918
- Goodwin v. TysonSupreme Court of Arkansas · 1925
- Reynolds v. BaldingSupreme Court of Arkansas · 1931
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