Bunch v. Nicks
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court iu Chancery. John A. Williams, Judge. 1. No livery of seisin being now necessary, one may, by conveyance, grant to another the fee in lands to take effect in futuro, reserving in himself the use thereof during life. 6 Ark., 119; 2 Blaek. Corn., 166; 9 Wend., ■611; 1 Ark., 83 ; 35 Conn., 297. 2. Excluding the clause “ and this deed shall take full effect at my death,” the instruments are simply deeds.
Read the full summary
APPEAL from Arkansas Circuit Court iu Chancery. John A. Williams, Judge. 1. No livery of seisin being now necessary, one may, by conveyance, grant to another the fee in lands to take effect in futuro, reserving in himself the use thereof during life. 6 Ark., 119; 2 Blaek. Corn., 166; 9 Wend., ■611; 1 Ark., 83 ; 35 Conn., 297. 2. Excluding the clause “ and this deed shall take full effect at my death,” the instruments are simply deeds. The clause merely postponed the full enjoyment, and a present interest vested in the grantee. An instrument which conveys a present estate to be enjoyed in the…
1Opinion of the Court
Battle, J,
Quinton D. Nicks, being the father of sis children, two sons and four daughters, conveyed his property, consisting of three tracts of land and personal property, by three several deeds, to three of his children,, a son and two daughters. The father having died, the daughters and the children of the son who received nothing by the deeds, brought this action to set aside the conveyances and for partition. They allege in their complaint that the father was incompetent to convey his • property at the time he undertook to do so, and that tbe ■deeds were procured by fraud and undue…
2Cases cited5 opinions
- Shackeltow v. SebreeIllinois Supreme Court · 1877
- Jordan v. Jordan's Adm'rSupreme Court of Alabama · 1880
- Rogers v. Eagle Fire Co.Court for the Trial of Impeachments and Correction of Errors · 1832
- Williams v. TolbertSupreme Court of Georgia · 1880
- Wilson v. CockrillSupreme Court of Missouri · 1843
3Cited by25 opinions
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
- Wilson v. CarricoIndiana Supreme Court · 1895
- Brown v. Mercantile Trust & Deposit Co.Court of Appeals of Maryland · 1898
- Lewis v. CurnuttSupreme Court of Iowa · 1906
- McLain v. GarrisonCourt of Appeals of Texas · 1905
20 more not listed; retrieve them via the Exa API.