Campbell v. Lux
Supreme Court of Arkansas
Appeal from Polk Chancery Court; James D. Shaver, Chancellor; affirmed. 1. The consideration for the deed from Brock was adequate. Mere inadequacy of consideration is not sufficient to set aside the deed, unless so gross as to shock the conscience and amount to fraud. 13 C. J. 366. See 239-b. In the light of the evidence the consideration was not grossly inadequate. ■ 2. The transaction was neither unreasonable or improvident.
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Appeal from Polk Chancery Court; James D. Shaver, Chancellor; affirmed. 1. The consideration for the deed from Brock was adequate. Mere inadequacy of consideration is not sufficient to set aside the deed, unless so gross as to shock the conscience and amount to fraud. 13 C. J. 366. See 239-b. In the light of the evidence the consideration was not grossly inadequate. ■ 2. The transaction was neither unreasonable or improvident. Mental incapacity of Brock was not shown by the testimony, nor does it show imbecility or incapability. 3. The transaction was not unconscionable. There was absolutely…
1Opinion of the CourtMcCulloch, C. J.
Lawrence Brock, an aged man, residing in Polk County, owned a tract of land in that county containing 300 acres, and on February 12, 1917, he conveyed the land to appellant by deed reciting consideration of $100 paid in cash and $20 to be' paid each month as long as Brock should live. Brock died on January 7, 1918, intestate, unmarried and without issue, and on August 11, 1919, appellees, who are the collateral heirs of Brock, instituted this action in the chancery court of Polk County against appellant to cancel said conveyance on the alleged ground that it was obtained by fraud and undue…
2Cases cited2 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- McEvoy v. TuckerSupreme Court of Arkansas · 1914
3Cited by8 opinions
- Watson v. AlfordSupreme Court of Arkansas · 1974
- Petree v. PetreeSupreme Court of Arkansas · 1947
- Cain v. MitchellSupreme Court of Arkansas · 1929
- Munzner v. KushnerCourt of Appeals of Arkansas · 2010
- Hawkins v. RandolphSupreme Court of Arkansas · 1921
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