Scaife v. Byrd
Supreme Court of Arkansas
APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. Contend that there was an absolute delivery of the deeds, and the trade completed. Where a deed is absolute on its face, no parol condition, reservation or defeasance can be proved to defeat the grant. 21 Ark.,p. lf.li.0; 20ib.,293. The burden of proof is on appellees, except as to the filing for record, and the evidence does not sustain them.
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APPEAL from Phillips Circuit Court. Hon. J. N. Cypert, Circuit Judge. Contend that there was an absolute delivery of the deeds, and the trade completed. Where a deed is absolute on its face, no parol condition, reservation or defeasance can be proved to defeat the grant. 21 Ark.,p. lf.li.0; 20ib.,293. The burden of proof is on appellees, except as to the filing for record, and the evidence does not sustain them. Argues on the evidence, and contends that there was no> such delivery as would bind appellees. Whether there was an actual delivery for the purpose claimed, can only be established by…
1Opinion of the CourtEakin, J.
Appellant sued appellees upon a note for f1,625, due January 1, 1879. They answered by an equitable defense and cross-bill, setting up that the note in question was one of six which had been signed by them in April, 1878, pending negotiations for a sale to them by Scaife of a tract of land; and alleging that although a conveyance of the land had been drawn up, signed and acknowledged by Scaife, and a mortgage back had been also drawn by Scaife, signed and acknowledged by appellees and their wives, at the same time with the note, yet, that none of them had been executed by delivery. They say…
2Cited by5 opinions
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