Lee Hardware Co. v. Johnson
Supreme Court of Arkansas
Appeal, from Columbia Chancery Court; James M. Barker, Chancellor; 1. The deed.was never delivered. 8 R. C. L. 973-4; 77 Ark. 89. Recording a deed merely raises a presumption of delivery, which may be rebutted. Delivery is a mixed question of law and fact.
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Appeal, from Columbia Chancery Court; James M. Barker, Chancellor; 1. The deed.was never delivered. 8 R. C. L. 973-4; 77 Ark. 89. Recording a deed merely raises a presumption of delivery, which may be rebutted. Delivery is a mixed question of law and fact. The test is whether the grantor by his acts, words or both intended a delivery. 8 R. C. L. 976; 77 Ark. 89; 108 Id. 53; 110 Id. 70; 111 Id. 314; 113 Id. 289. 2. The conveyance was a secret trust for the benefit of M. M. Johnson and fraudulent and void as to creditors. 33 Ark. 328; 74 Id. 186; 52 Id. 458; 86 Id, 225; 20 Cyc. 562-5-6; Bump.…
1Opinion of the CourtHumphreys, J.
Appellant instituted suit on the 23rd day of July, 1915, against appellees in the Columbia Chancery Court to cancel a deed executed by M. M. and S. E. Johnson to J. J. Johnson, on the 24th day of December, 1900, to the following lands, to-wit: N. y2 of the S. E. % less three acres in the N. W. corner of said 80-acre tract, Sec. 23, T. 18 S., R. 22'W., in Columbia County, Arkansas; and a deed of trust executed by J. J. Johnson and Effie Johnson, his wife, to N. E. Wise, trustee for S. E. Johnson. It was alleged that the deed was voluntary and made in fraud of the right's of existing and…
2Cases cited6 opinions
- Russell v. MaySupreme Court of Arkansas · 1905
- Felker v. RiceSupreme Court of Arkansas · 1913
- Faulkner v. FeazelSupreme Court of Arkansas · 1914
- May v. State National BankSupreme Court of Arkansas · 1894
- Stephens v. StephensSupreme Court of Arkansas · 1913
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3Cited by4 opinions
- Bunch v. Empire Cotton Oil Co.Supreme Court of Arkansas · 1923
- Hardin v. RussellSupreme Court of Arkansas · 1927
- Bollenbach v. BollenbachSupreme Court of Oklahoma · 1935
- Gilleylen v. SchoolfieldSupreme Court of Arkansas · 1931