Smith v. Smith
Supreme Court of Arkansas
Appeal from Scott Chancery Court; /. Virgil Bourland. Chancellor; 1. The court erred in holding that the instrument was in reality a will, intended to take effect at his death, and that it was never delivered, whereas the proof is clear that it was a deed, duly executed by James H. Smith to appellant, and by him delivered to her in his lifetime. 2. The demurrer should have been overruled, and the deed reformed so as to correctly describe the 82}4 ac,res imperfectly described…
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Appeal from Scott Chancery Court; /. Virgil Bourland. Chancellor; 1. The court erred in holding that the instrument was in reality a will, intended to take effect at his death, and that it was never delivered, whereas the proof is clear that it was a deed, duly executed by James H. Smith to appellant, and by him delivered to her in his lifetime. 2. The demurrer should have been overruled, and the deed reformed so as to correctly describe the 82}4 ac,res imperfectly described in the deed. 68 Ark. 546; 73 Ark. 226; 14 Am. & Eng. Enc. Law, 632. 1. Equity will not reform a conveyance which is…
1Opinion of the CourtBattle, J.
John W. Smith and Jane Rawlings brought this suit in equity against Margaret S. Smith to set aside a certain deed executed by James H. Smith to the defendant, by which he undertook to convey to her 482J4 acres of land in the county of Scott, in this State. They allege that James H. Smith was the owner of the land, and attempted to convey it to the defendant on the 23d of November, 1898; that he failed to convey 82^ acres of it because of the defective description of the same, it being described in the deed as follows: “Part N. E. S. E. 15— 17 acres, part S,. E. N. E. 15 — 3 acres, part N. E.…
2Cases cited3 opinions
- Mudd v. DillonSupreme Court of Missouri · 1901
- Shears v. WestoverMichigan Supreme Court · 1896
- Willey v. HodgeWisconsin Supreme Court · 1899
3Cited by14 opinions
- Thomason v. AbbottSupreme Court of Arkansas · 1950
- Nelson v. HallSupreme Court of Arkansas · 1926
- Triesback v. TylerSupreme Court of Florida · 1911
- Pannell v. AskewCourt of Appeals of Texas · 1912
- Flanagan v. RaySupreme Court of Arkansas · 1921
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