McTighe v. McKee
Supreme Court of Arkansas
Appeal from Crittenden Chancery Court. Edward D. Eobertson, Chancellor. Appellee is barred from recovery by her participation in the fraudulent scheme. 1 Pom. Eq. §§ 397, 401; Story, Eq. §§ 275a, 371; 5 Ilow. 205; 4 Bax. 259; Bishp.
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Appeal from Crittenden Chancery Court. Edward D. Eobertson, Chancellor. Appellee is barred from recovery by her participation in the fraudulent scheme. 1 Pom. Eq. §§ 397, 401; Story, Eq. §§ 275a, 371; 5 Ilow. 205; 4 Bax. 259; Bishp. Eq. § 42; 10 Humph. 300; 3 Head, 297; 2 Sneed, 502; 10 Heisk. 458; 5 Lea, 186; 1 Pick. 282; 19 Ark. 346; 14 Ark. 276; 2 Eose, 351; 1 H. Bl. 65; 47 Ark. 511; 42 Ark. 349; 10 L. E. A. 102. The burden of proof was on the party. alleging fraud. 14 Am. & Eng. Enc. Law, 190; 5 Ark. 345; 9 Ark. 482; 18 Ark. 123.
1Opinion of the CourtBattle, J.
This action involved two tracts of land. One is known as the “Memphis Land & Timber Company land,” containing 4,399.35 acres, and the other as the “Brinkley lands,” containing»966.26 acres. Since the appeal in this case was taken, both parties have parted with their interest in the “Memphis Land & Timber Company land,” and abandoned the same. We will therefore confine what we have to say and decide to so much of the facts and law of the case as affect the “Brinkley land.”
On the 3d day of October, 1896, Margaret B. McKee, wife of I. S. McKee, instituted an action in the Crittenden chancery…
2Cases cited4 opinions
- Crawford v. MorrellNew York Supreme Court · 1811
- Niver v. BestNew York Supreme Court · 1851
- Sternburg v. BowmanMassachusetts Supreme Judicial Court · 1869
- Harcrow v. GardinerSupreme Court of Arkansas · 1900