Legal Opinion

Hershy v. Berman

Supreme Court of Arkansas

Decided May 15, 1885PublishedCited by 7 opinions

APPEAL from Sebastian Circuit Court in Chancery. Hon. R. B. Rutherford, Circuit Judge. Make the same points and cite same authorities as in Her-shy v. Rogers, ante. Not only was the deed, under which Berman claims, executed subsequently to Hershy’s judgment and while the lien was in force, but it was executed under a power of attorney, and it does not appear that the power of attorney was ever filed for record, nor is it exhibited.

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1Opinion of the Court

Cockrill, C. )• > J

1. Evidence: Recitals in deeds.

This suit is similar to that of Hershy v. Rogers, ante, in all respects except as to the title of the plaintiff, who is the appellee here. His complaint alleges that he is the owner of the land. The allegations of title are denied in the answer, and the burden was upon the appellee to establish his title. The only proof in the record to sustain it is a deed purporting to be executed by the heirs and executors of John Rogers. The deed recites that it was executed by the executors under a power conferred by the will of John Rogers. But no will…

2Cited by7 opinions

Carpenter v. EllenbrookSupreme Court of Arkansas · 1893
Smith v. Pettus, CuratorSupreme Court of Arkansas · 1943
Haynie v. DicusSupreme Court of Arkansas · 1947
Rice v. KroeckCourt of Appeals of Arkansas · 1981
Whatley v. WhatleySupreme Court of Arkansas · 1943

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