Graham v. Suddeth
Supreme Court of Arkansas
Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. The -deed was constructively delivered. The recording of a deed is prima facie evidence of delivery to and acceptance by the grantee. 25 Ark. 225; Kirby’s Digest, § 756. There is no evidence to rebut this presumption. 2. The facts and circumstances all show an intention to deliver and a constructive delivery. 75 Ark. 321; 52 S. W. 1028; 54 Pac. 162; 68 Pac. 607; 78 N. W. 647; 74 Ark. 104; 77 Ark. 89; 13 Cyc. 561, 568,…
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Appeal from Garland Circuit Court; W. H. Evans, Judge; 1. The -deed was constructively delivered. The recording of a deed is prima facie evidence of delivery to and acceptance by the grantee. 25 Ark. 225; Kirby’s Digest, § 756. There is no evidence to rebut this presumption. 2. The facts and circumstances all show an intention to deliver and a constructive delivery. 75 Ark. 321; 52 S. W. 1028; 54 Pac. 162; 68 Pac. 607; 78 N. W. 647; 74 Ark. 104; 77 Ark. 89; 13 Cyc. 561, 568, 571, 534, 535, 748, etc. 3. The deed being to appellant’s advantage, he will be presumed to have accepted. 77 Ark. 89;…
1Opinion of the CourtFrauenthar, J.
This was an ejectment suit brought by Elizabeth Graham, the plaintiff below, against C. A. Suddeth to recover a house and lot in the city of Hot Springs. Both parties claimed title to the property from the same source: The plaintiff by a deed executed to -her in 1905 by James Burden, and the defendant by a deed executed by the same grantor to him in 1908. It appears that James Burden was a native of England, and had lived in the city of Hot Springs, Arkansas, a number of years, where he acquired the property in controversy and occupied it as his home until his 'death in May, 1908. His nearest…
2Cases cited5 opinions
- Holmes v. McDonaldMichigan Supreme Court · 1899
- Adams v. AdamsSupreme Court of the United States · 1874
- Russell v. MaySupreme Court of Arkansas · 1905
- Robbins v. RascoeSupreme Court of North Carolina · 1897
- Dunlap v. DunlapMichigan Supreme Court · 1892
3Cited by19 opinions
- Williams v. Marlar (In Re Marlar)United States Bankruptcy Appellate Panel for the Eighth Circuit · 2000
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Stephens v. StephensSupreme Court of Arkansas · 1913
- Reynolds v. BaldingSupreme Court of Arkansas · 1931
- Johnson v. Young Men's Bldg. Loan Ass'nSupreme Court of Arkansas · 1933
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