Legal Opinion

Eagle v. Peterson

Supreme Court of Arkansas

Decided September 30, 1918PublishedCited by 19 opinions

Appeal from Lonoke Chancery Court; J. E. Mariineau, Chancellor; 1. The deed was made by an insane person and was voidable. 23 Ark. 417; 34 Id. 626; 109 Ind. 315; 58 Am. Rep. 405; 53 Me. 451; 89 Am. Dec. 705; 97 Ark. 450; 45 Id. 392; 70 Id. 166; 36 Am. Rep. 218, 278; 184 S. W. 838; 27 Cyc. 1211; 97 Pa.

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Appeal from Lonoke Chancery Court; J. E. Mariineau, Chancellor; 1. The deed was made by an insane person and was voidable. 23 Ark. 417; 34 Id. 626; 109 Ind. 315; 58 Am. Rep. 405; 53 Me. 451; 89 Am. Dec. 705; 97 Ark. 450; 45 Id. 392; 70 Id. 166; 36 Am. Rep. 218, 278; 184 S. W. 838; 27 Cyc. 1211; 97 Pa. St. 543; 19 L. R. A. 489; 36 Id. 732; 129 Ark. 88. 2. It is not necessary to return the consideration. 23 Ark. 417; 53 Me. 451; 15 Wall. 9-28; 129 Ark. 88. Here Peterson paid Eagle nothing. 3. No renunciation further than bringing suit is necessary. 23 Ark. 417; 109 Ind.- 315. 4. The burden of…

1Opinion of the CourtHart, J.

This is an appeal from a decree of the chancery court in the case of Victor Daughtry, as next friend of Linn C. Eagle, against G. M. Peterson, W. H. Young, J. V. Ferguson and W. C. Ferguson. The object of the suit was to annul a deed executed by Linn C. Eagle to G. M. Peterson in March, 1912, and subsequent deeds to the same property from Peterson, to Young and deeds from Young to the Fergusons to a part of said property. Linn C. Eagle owned a large quantity of lands in Lonoke County, Arkansas, which he inherited from his father. On the first day of March, 1912, Linn C. Eagle conveyed 240…

2Cases cited7 opinions

  1. Elston v. JasperTexas Supreme Court · 1876
  2. Small v. ChampenyWisconsin Supreme Court · 1899
  3. George v. St. L., I. M. & S. R'y Co.Supreme Court of Arkansas · 1879
  4. Willwerth v. LeonardMassachusetts Supreme Judicial Court · 1892
  5. Armstrong v. . ShortSupreme Court of North Carolina · 1820

2 more not listed; retrieve them via the Exa API.

3Cited by19 opinions

  1. Commonwealth Ex Rel. Smith v. AsheSupreme Court of Pennsylvania · 1950
  2. Whitney v. ZerbstCourt of Appeals for the Tenth Circuit · 1933
  3. Hall v. ætna Life Ins. Co.Court of Appeals for the Eighth Circuit · 1936
  4. Jones v. SchaffnerSupreme Court of Iowa · 1920
  5. Akin v. AkinSupreme Court of Georgia · 1926

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