Brinkley v. Bethel

In May, 1861, Bethel sold to Brinkley a tract of land in the State of Arkansas and took his three notes, payable in one, two, and three years. At the time Brinkley executed . the notes, Bethel and wife executed and delivered to him a paper purporting to be a deed in fee simple, with covenants of warranty, which was delivered to and accepted by Brinkley as a deed of conveyance. To constitute the paper a conveyance of the fee simple title, a scroll or seal to the names of Bethel and wife was necessary under the laws of Arkansas. This requisite of a deed was omitted and not observed by either…