Queen v. Queen
Supreme Court of Arkansas
Appeal from Scott Chancery Court; W. A. Falconer, Chancellor; STATEMENT BY THE COURT. Appellants instituted this action in 'the chancery court against appellees for the purpose of setting aside a deed executed by John H. Queen, now deceased, to his son, Albert Queen, .also deceased.
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Appeal from Scott Chancery Court; W. A. Falconer, Chancellor; STATEMENT BY THE COURT. Appellants instituted this action in 'the chancery court against appellees for the purpose of setting aside a deed executed by John H. Queen, now deceased, to his son, Albert Queen, .also deceased. The facts so far as arenecessary to determine the issues raised ¡by the appeal, briefly stated, are as follows : Appellants, who were the plaintiffs below, are the heirs at law of John H. Queen; 'appellees, who were the defendants in the court (below, are the widow and children of Albert Queen, who was a son of…
1Opinion of the Court
Hart, J.,
(after stating the facts). The deed of John H. Queen to .his son, Albert Queen, to the land in controversy, executed on the 17th day of January, 1895, was a warranty deed in common form and conveyed a fee simple title to the lands to Albert Queen.(1) It is conceded by counsel for appellant that the deed being absolute in form an express trust can not be engrafted upon it by oral testimony, and that is the effect of our decisions upon the question. It is well settled by the decisions of this court that oral proof can not be heard to engraft an express trust upon a deed absolute in…
2Cases cited3 opinions
- Bragg v. HartneySupreme Court of Arkansas · 1909
- McDonald v. HookerSupreme Court of Arkansas · 1893
- Veasey v. VeaseySupreme Court of Arkansas · 1913
3Cited by8 opinions
- Langston v. HughesSupreme Court of Arkansas · 1926
- Slaughter v. Cornie Stave CompanySupreme Court of Arkansas · 1927
- McCulloch v. McCullochSupreme Court of Arkansas · 1948
- Hawkins v. ScanlonSupreme Court of Arkansas · 1947
- Wasson v. WalkerSupreme Court of Arkansas · 1923
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