Deniston v. Phillips
Supreme Court of Arkansas
Appeal from Clay Chancery Court, Eastern District; E. D. Robertson, Chancellor; 1. The deed to the daughter, Isabel, was in fact delivered, as shown by a clear preponderance of the evideuce. It was not >a technical delivery, but ¡an actual manual delivery. 2. The conduct of Mrs. Hicks ¡and Mrs. Phillips, together with the emphatic contradictions of them by other witnesses, interested and disinterested, render them unworthy of belief.
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Appeal from Clay Chancery Court, Eastern District; E. D. Robertson, Chancellor; 1. The deed to the daughter, Isabel, was in fact delivered, as shown by a clear preponderance of the evideuce. It was not >a technical delivery, but ¡an actual manual delivery. 2. The conduct of Mrs. Hicks ¡and Mrs. Phillips, together with the emphatic contradictions of them by other witnesses, interested and disinterested, render them unworthy of belief. The deeds to Mrs. Deniston, his daughter, Isabel, .and to Judge Royal, were not made to protect J ames Deniston from his creditors. 3. The deed to Mary E.…
1Opinion of the CourtMcCulloch, C. J.
James Deniston lived in Clay County, Arkansas, and died there on March 19,1913, leaving ¡surviving his widow and eleven children, the issue of his two marriages. He owned lands in that county, and in the year 1897 he executed three deeds, one to his daughter Isabel, conveying a tract of 80 acres, and another to his wife, conveying a quarter section, .and another to E. N. Royal, 'conveying a tract containing 80 acres. Those deeds were never recorded during the life time of of James Deniston, ¡and a few days before his death he caused the Royal deed to 'be destroyed. The two deeds to his wife…
2Cases cited1 opinion
- Moore v. WaldsteinSupreme Court of Arkansas · 1905
3Cited by4 opinions
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- Ives v. IvesSupreme Court of Arkansas · 1928
- Bogard v. PowellSupreme Court of Arkansas · 1946
- Fetzer v. Cities Service Oil CompanyCourt of Appeals for the Eighth Circuit · 1978