Legal Opinion

Hutchinson v. Park

Supreme Court of Arkansas

Decided May 14, 1904PublishedCited by 5 opinions

Appeal from Howard Chancery Court. James D. Shaver, Chancellor. statement by the court. In 1885 Sam Hutchinson purchased fifty acres of land from one Parker, the owner thereof, who executed a deed for the same. Sam Hutchinson and his wife, Eliza, moved upon the land, and have since resided thereon. Will Scoggins, a stepson of Sam Hutchinson, assisted them by paying part of the purchase price.. Afterwards he threatened to bring suit against them to recover the amount due him.

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Appeal from Howard Chancery Court. James D. Shaver, Chancellor. statement by the court. In 1885 Sam Hutchinson purchased fifty acres of land from one Parker, the owner thereof, who executed a deed for the same. Sam Hutchinson and his wife, Eliza, moved upon the land, and have since resided thereon. Will Scoggins, a stepson of Sam Hutchinson, assisted them by paying part of the purchase price.. Afterwards he threatened to bring suit against them to recover the amount due him. While this controversy was pending, Hutchinson and his wife in' 1890 conveyed the land to Park & Sims, a mercantile…

1Opinion of the CourtRiddick, J.

(after stating the facts.) This is an action to recover a tract of land in which the defendants under whom the plaintiff claims title allege that they were induced to- execute the deed to plaintiff through fraud and deception practiced upon them by the plaintiff and without any consideration whatever.-

The deed from defendants to plaintiff recites a consideration of $396, but testimony of the witnesses for the defendant tends very strongly to show that no consideration was in fact paid, but that the deed was procured by representations on the part of the plaintiff that it was necessary for the…

2Cases cited4 opinions

  1. Roman v. MaliCourt of Appeals of Maryland · 1875
  2. Harper v. HarperCourt of Appeals of Kentucky · 1887
  3. O'Conner v. WardMississippi Supreme Court · 1883
  4. Davidson v. CarterSupreme Court of Iowa · 1880

3Cited by5 opinions

  1. Wood v. StewartSupreme Court of Arkansas · 1906
  2. Blixt v. JanowiakWisconsin Supreme Court · 1922
  3. Dillard v. KelleySupreme Court of Arkansas · 1943
  4. Bowen v. LovewellSupreme Court of Arkansas · 1915
  5. Park v. HutchinsonSupreme Court of Arkansas · 1906

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