Holland v. Alexander
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court, Chickasawba District; C. D. Frierson, Chancellor; STATEMENT OF FACTS. J. B. Holland, a minor, by his next friend, J. T. Wood, brought this suit in equity against the New England Securities Company and A. C. Little to restrain them from selling, under a mortgage, a tract of lánd described in the complaint.
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Appeal from Mississippi Chancery Court, Chickasawba District; C. D. Frierson, Chancellor; STATEMENT OF FACTS. J. B. Holland, a minor, by his next friend, J. T. Wood, brought this suit in equity against the New England Securities Company and A. C. Little to restrain them from selling, under a mortgage, a tract of lánd described in the complaint. The New England Securities Company filed an answer, denying the allegations of the complaint, and also a cross-complaint, in which it asked that Hettie Wood and the administrator of the estate of J. W. Holland, deceased, be made parties. In the…
1Opinion of the CourtHart, J.
(after stating the facts). The decree of the chancellor was correct. It is true, as contended by counsel for appellant, that where a grantor executés a deed in the absence of the grantee and has it recorded, this amounts to a delivery where the record shows that the acceptance of the deed would be to the advantage of the donee. Graham v. Suddeth, 97 Ark. 283.
There is nothing in the present record, however, that tends to show that the deed was to the advantage of the minor, even if it could be said that the record shows that it was intended to be made to the minor.
The deed was made in…
2Cases cited1 opinion
- Graham v. SuddethSupreme Court of Arkansas · 1911
3Cited by2 opinions
- Reynolds v. BaldingSupreme Court of Arkansas · 1931
- Ellis v. ShuffieldSupreme Court of Arkansas · 1941