Tegarden v. Hurst
Supreme Court of Arkansas
Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; 1. There was no mistake in the deed from Hurst to Estes and there could be no reformation of deeds. 105 Ark. 455; 104 Id. 475; 71 Id. 185;'84 Id. 349; 75 Id. 72. The deeds are the best evidence of the intentions of the parties. 75 Ark. 72; 71 Id. 614. Before there can be a reformation of a deed, it must be shown by clear and convincing testimony, not only that there was a mistake in the deed, but that the…
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Appeal from Marion Chancery Court; T. H. Humphreys, Chancellor; 1. There was no mistake in the deed from Hurst to Estes and there could be no reformation of deeds. 105 Ark. 455; 104 Id. 475; 71 Id. 185;'84 Id. 349; 75 Id. 72. The deeds are the best evidence of the intentions of the parties. 75 Ark. 72; 71 Id. 614. Before there can be a reformation of a deed, it must be shown by clear and convincing testimony, not only that there was a mistake in the deed, but that the mistake was mutual. 74 Ark. 336; 101 Id. 135; lb. 461; 104 Id. 475. 2. Tegarden was an innocent purchaser. 96 Ark. 512; 83 Id.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted in the chancery court of Marion County, seeking the reformation of a deed conveying lands in that county, and tbe litigation concerns the ownership of a small tract of land containing about four acres. It is a part of the northeast quarter of the northwest quarter of section 6, township 18 north, range fifteen west, and lies north of Crooked Creek, which runs through the above mentioned subdivision. The land originally belonged to John M. Hurst, who owned about five hundred acres including the land in controversy. The deed sought to be reformed is one which was…
2Cases cited1 opinion
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
3Cited by7 opinions
- Davis v. BurfordSupreme Court of Arkansas · 1939
- Hicks v. FlanaganCourt of Appeals of Arkansas · 1990
- Anderson v. BurfordSupreme Court of Arkansas · 1945
- Shelby v. ShelbySupreme Court of Arkansas · 1930
- Haller v. HallerSupreme Court of Arkansas · 1956
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