Legal Opinion

McDill v. Meyer

Supreme Court of Arkansas

Decided May 2, 1910PublishedCited by 17 opinions

Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The deed created an estate tail at common law. 67 Ark. 517; 9 N. J. L- 10; Tied.

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Appeal from Jefferson Circuit Court; Antonio B. Grace, Judge; The deed created an estate tail at common law. 67 Ark. 517; 9 N. J. L- 10; Tied. Real Prop., § 39; Kent, Com., vol. 4, pp. 11, 12, 13, 14; 51 Ark. 61, 71; 44 Ark. 458; 58 Ark. 303. Where an estate was granted to “A for life, remainder to the heirs of his body,” the rule would not operate; but if granted to “A for life, remainder to his heirs,” the rule would operate, and A would take a fee simple. 58 Ark. 303. A grant should be taken most strongly against him who made it. 15 Ark. 695. The deed conveys a fee simple. 82 Ark. 209.…

1Opinion of the Court

McCueeocíi, C. J.

Appellants sued to recover possession of a tract of land in Jefferson County, Arkansas, claiming title thereto under the following deed, they being the surviving children of Matthew F. McDill, deceased: .

“Know all men by these presents that I, Cornelia F. McDonald, of the county of Lincoln, State of Arkansas, have this day bargained, given, aliened and conveyed, and for and in consideration of the sum of one dollar ($1) cash in hand paid, the receipt of which is hereby acknowledged, and the further consideration of my love and affection for him as my son, do by these presents…

2Cases cited4 opinions

  1. Fletcher v. LyonSupreme Court of Arkansas · 1909
  2. Riggin v. LoveIllinois Supreme Court · 1874
  3. CarLee v. EllsberrySupreme Court of Arkansas · 1907
  4. Whetstone v. HuntSupreme Court of Arkansas · 1906

3Cited by17 opinions

  1. Gibson v. PickettSupreme Court of Arkansas · 1974
  2. Bodcaw Lumber Co. v. GoodeSupreme Court of Arkansas · 1923
  3. Pletner v. Southern Lumber Co.Supreme Court of Arkansas · 1927
  4. Georgia State Savings Ass'n v. DearingSupreme Court of Arkansas · 1917
  5. Stokes v. StateSupreme Court of Arkansas · 1915

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