Gates v. McPeace
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; A deed absolute on its face is presumed to be what it purports to be and evidence to overcome it must be clear, unequivocal and convincing. 88 Ark. 299; 75 Ark. 551. Appellees knew what sort of an instrument they signed, and if they did not they are responsible for the omission. 71 Ark. 185. A deed given in consideration of the extinguishment of an existing indebtedness with an agreement to resell, by a fixed…
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Appeal from Lonoke Chancery Court; John E. Martineau, Chancellor; A deed absolute on its face is presumed to be what it purports to be and evidence to overcome it must be clear, unequivocal and convincing. 88 Ark. 299; 75 Ark. 551. Appellees knew what sort of an instrument they signed, and if they did not they are responsible for the omission. 71 Ark. 185. A deed given in consideration of the extinguishment of an existing indebtedness with an agreement to resell, by a fixed time, constitutes an absolute deed and not a mortgage. 110 Penn. 521. The chancellor’s finding will not be disturbed,…
1Opinion of the CourtSmith, J.
Appelleees filed a complaint in the Lonoke Chancery Court against appellant, in which it is alleged that on or about May 9, 1911, they were indebted to E. A. Little in the sum of $2,700, balance of purchase money on a tract of land, situated in that county, and that, being unable to pay this purchase money, which was long past due, they entered into an agreement with appellant by which he agreed to pay Mr. Little and give appellees three years’ time in which to pay off said indebtedness. That when appellant paid this money, he demanded of appellees a deed instead of a mortgage, but stated at…
2Cases cited5 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Rushton v. McIllveneSupreme Court of Arkansas · 1908
- Harman v. MaySupreme Court of Arkansas · 1882
- Trieber v. AndrewsSupreme Court of Arkansas · 1876
- Williams v. CheathamSupreme Court of Arkansas · 1857
3Cited by8 opinions
- Wimberly v. ScogginSupreme Court of Arkansas · 1917
- Clark-Mcwilliams Coal Co. v. WardSupreme Court of Arkansas · 1932
- Fox Brothers Hardware Co. v. PhillipsSupreme Court of Arkansas · 1946
- Lewis v. MillerSupreme Court of Arkansas · 1956
- Watson v. ClaytonSupreme Court of Arkansas · 1942
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