Davis v. Jernigan
Supreme Court of Arkansas
Appeal from Boone Circuit Court in Chancery. Elbridge G. Mitchell, Judge. Parol evidence will not be admitted to prove that the consideration in the deed was never paid, for the purpose of invalidating the deed. Tied.
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Appeal from Boone Circuit Court in Chancery. Elbridge G. Mitchell, Judge. Parol evidence will not be admitted to prove that the consideration in the deed was never paid, for the purpose of invalidating the deed. Tied. Real Prop. § 801; Perry, Trusts, §§ 162, 95. A devise of real estate to an unincorporated society for charitable uses is valid. 9 Mete., 280; 4 Mete., 379. Courts will not construe an estate to be upon condition if the language of the deed will admit of any other reasonable interpretation. 2 Dev. Deeds, §§ 976, 978, 971. No condition being in the deed, there can be no forfeiture…
1Opinion of the CourtBattle, J.
On the 30th day of May, 1876, David B. Jernigan and his wife made and executed a deed in the words and figures following:
“Know all men by these presents, that we, David B. Jernigan, and Virginia Jernigan, his wife, of the county of Boone, in the State of Arkansas, for and in consideration of the sun of five hundred ($500) dollars, and other valuable considerations, have this day granted, bargained and sold, and do hereby grant, bargain, and sell unto Wm. H. Grillara, O. R. Bryant, F. S. Baker, T. B. Ford, E. W. King, R. W. Hammett, L. I. Bruñe and J. G-. Pollard, trustees of the Arkansas…
2Cases cited3 opinions
- Gibson v. ArmstrongCourt of Appeals of Kentucky · 1847
- Bobb v. BobbSupreme Court of Missouri · 1886
- Barnett v. HugheySupreme Court of Arkansas · 1891
3Cited by21 opinions
- Fraley, Adm'r v. WilkinsonSupreme Court of Oklahoma · 1920
- St. Louis & North Arkansas Railroad v. CrandellSupreme Court of Arkansas · 1905
- Langford v. Searcy CollegeSupreme Court of Arkansas · 1904
- Thornton v. City of NatchezMississippi Supreme Court · 1906
- Sutton v. SuttonSupreme Court of Arkansas · 1919
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