Gonzales v. Tucker
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourland, Chancellor; Viewing the testimony in the light of the circumstances surrounding the transaction, it is apparent that appellant never intended to execute a deed to the property; that he was induced to sign the deed under the belief that he was signing a will; that his signature was obtained through fraud and misrepresentation and that said deed is without consideration. 33 Ark. 425; 26 Ark. 604..
1Opinion of the CourtHart, J.
On the 13th day of April, 1911, Paul Gonzales instituted this action in the chancery court against Augusta Tucker, to cancel the quitclaim deed executed and delivered by him to her on the 3d day of September, 1910, on the ground that the execution of the deed was obtained by fraud and undue influence and was without consideration.
The defendant denied all the material allegations of the complaint.
According to the plaintiff's own testimony, he is 59 years old, and came to this country from Mexico about fourteen years ago. He speaks English brokenly, but does not understand the language well.…
2Cases cited1 opinion
- Hightower v. NuberSupreme Court of Arkansas · 1871
3Cited by1 opinion
- Wilson v. WilsonSupreme Court of Arkansas · 1947