Beaty v. Swift
Supreme Court of Arkansas
Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; 1. The court erred in finding that" Ann Swift was incompetent and not capable of knowing the nature of the transaction at the time she signed the deed. The court should have dismissed the bill because Ann had reasonable capacity; she received a valuable consideration and there was no allegation nor proof of fraud, and she had never been adjudicated non compos.
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Appeal from Washington Chancery Court; T. H. Humphreys, Chancellor; 1. The court erred in finding that" Ann Swift was incompetent and not capable of knowing the nature of the transaction at the time she signed the deed. The court should have dismissed the bill because Ann had reasonable capacity; she received a valuable consideration and there was no allegation nor proof of fraud, and she had never been adjudicated non compos. All the testimony tends to show sufficient capacity. The examination of the experts was wholly improper and illegal. Mere weakness or want of education is not…
1Opinion of the CourtSmith, J.
The court below found that appellee Ann Swift was given a life estate under the will of her father' in the land in controversy, and that at the time she executed a deed to the land to one A. S. King, under whom appellant Beaty claims title by deed, the said Ann Swift was not possessed of sufficient mental capacity to know and appreciate her act, or to make a binding deed, and that her attempted conveyance of the land was void. The deed so declared void was dated September 14,1891. As a result of this finding various collateral questions are presented in the briefs, but the correctness of the…
2Cases cited2 opinions
- McEvoy v. TuckerSupreme Court of Arkansas · 1914
- Seawel v. DirstSupreme Court of Arkansas · 1902
3Cited by5 opinions
- Atwood v. BallardSupreme Court of Arkansas · 1926
- Johnson v. FosterSupreme Court of Arkansas · 1940
- Buckner v. SewellSupreme Court of Arkansas · 1949
- Fikes v. LeeSupreme Court of Arkansas · 1955
- Smith v. SmithSupreme Court of Arkansas · 1946