Dupree v. Smith
Supreme Court of Arkansas
Appeal from Cliicot Chancery Court; Joe Harris, Special Chancellor; 1. When by mistake of the draftsman of a deed the grantor is made to convey a wrong tract of land, a court of equity will correct the mistake and reform the deed so as to convey the tract intended. 48 Ark. 498; 79 Id. 592. 2. Upon the death of the defendant whose interest in land is involved, the suit must be revived against the heirs at law, and until this is done there can be no adjudication concerning the…
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Appeal from Cliicot Chancery Court; Joe Harris, Special Chancellor; 1. When by mistake of the draftsman of a deed the grantor is made to convey a wrong tract of land, a court of equity will correct the mistake and reform the deed so as to convey the tract intended. 48 Ark. 498; 79 Id. 592. 2. Upon the death of the defendant whose interest in land is involved, the suit must be revived against the heirs at law, and until this is done there can be no adjudication concerning the title. 1 R. C. L. 26; 93 Ark. 307; 113 Id. 207; 74 Id. 149; 69 Id. 215; 61 Id. 414; 51 Id. 82; 39 Id. 104; Id. 235; Id.…
1Opinion of the CourtHumphreys, J.
Suit in ejectment was brought, on the 8th day of January, 1918, by appellee against M. M. H. Dupree and iB. F. Dupree, her husband, in the Chicot Circuit Court, to recover the possession of lot 15 in block 4, Holland’s Addition to the town of Dermott, Ark., and for $300 damages for the detention of same, alleging ownership thereof under deed from them of date March 16,1912.
The Duprees filed answer, admitting the execution of the deed and denying damages for the use of same, but alleging in a cross-complaint that the said M. M. H. Dupree, being the owner of both lots 14 and 15 in block 4 of…
2Cases cited4 opinions
- Anglin v. CravensSupreme Court of Arkansas · 1905
- Chowning v. StanfieldSupreme Court of Arkansas · 1886
- Mayers v. LarkSupreme Court of Arkansas · 1914
- Ex parte GilbertSupreme Court of Arkansas · 1910
3Cited by3 opinions
- Prager v. WoottonSupreme Court of Arkansas · 1930
- Blake v. ThompsonSupreme Court of Arkansas · 1928
- Thompson v. LeeSupreme Court of Arkansas · 1927