Varner v. Turner
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; STATEMENT by the court. ■ In June, 1882, S. D. Turner for a valuable consideration executed a deed to S. M. Turner, Jr., conveying to him the undivided one-fourth interest in certain land in Sebastian County, Arkansas, that S. D. Turner owned as an heir-at-law of S. M. Turner, Sr. In July, 1904, S. D. Turner brought this suit in equity against S. M. Turner, Jr., and others to correct and reform, the deed…
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Appeal from Sebastian Chancery Court; /. V. Bourland, Chancellor; STATEMENT by the court. ■ In June, 1882, S. D. Turner for a valuable consideration executed a deed to S. M. Turner, Jr., conveying to him the undivided one-fourth interest in certain land in Sebastian County, Arkansas, that S. D. Turner owned as an heir-at-law of S. M. Turner, Sr. In July, 1904, S. D. Turner brought this suit in equity against S. M. Turner, Jr., and others to correct and reform, the deed executed by him to S. M. Turner, Jr., alleging that by a mutual mistake of the parties to that deed it was made to include…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal from a decree reforming a deed executed by.the plaintiff nearly a quarter of á century ago. The party to whom this deed was executed died before the suit was brought, and the land is now in the hands of others. After such a long lapse of time it should require a very strong showing to justify a ¡court in reforming a written instrument of that kind -in which other parties have now acquired rights. “The law wisely holds that there shall come a time even when the wrongful possessor shall have peace; and that it is better that ancient…
2Cases cited1 opinion
- Marquette Timber Co. v. Chas. T. Abeles Co.Supreme Court of Arkansas · 1907
3Cited by12 opinions
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- American Alliance Insurance v. PaulSupreme Court of Arkansas · 1927
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