Rogers v. Cunningham
Supreme Court of Arkansas
Appeal from Baxter Chancery Court; George T. Humphries, Chancellor; 1. The burden was on the plaintiff to show that at the time he made the deeds he did not possess sufficient intelligence to understand and appreciate the nature of Ms act, iand to show any fraud or undue influence on the part of the defendants inducing the execution of the deeds. 27 Ark. 166; 70 Ark. 173, 'l74; 97 Ark. 450; 22 Cyc. 1109-1112. To show that a grantor in a deed was at the time of its execution…
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Appeal from Baxter Chancery Court; George T. Humphries, Chancellor; 1. The burden was on the plaintiff to show that at the time he made the deeds he did not possess sufficient intelligence to understand and appreciate the nature of Ms act, iand to show any fraud or undue influence on the part of the defendants inducing the execution of the deeds. 27 Ark. 166; 70 Ark. 173, 'l74; 97 Ark. 450; 22 Cyc. 1109-1112. To show that a grantor in a deed was at the time of its execution old .and infirm, and in his dotage, is not sufficient to overthrow the conveyance. 49 Ark. 367, and .authorities cited.…
1Opinion of the CourtHart, J.
On March 28,1913, S. B. Cunningham, Sr., instituted this action in the chancery court against Nancy A. Rogers, Ms daughter, and E. B. Cunningham, his son, to set aside two deeds to land executed by Mm in their favor. He alleged that the deeds were obtained' without any consideration, and that because of his age and a severe illness, his mind land body ¡became so impaired that he was, at the time the deeds were made, incapable of transacting any business. The defendants denied that the plaintiff’s mental faculties were impaired to such an extent that he did not understand what he was doing at…
2Cases cited4 opinions
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
- Pulaski County v. HillSupreme Court of Arkansas · 1911
- Williams v. FulkesSupreme Court of Arkansas · 1912
- Morton v. DavisSupreme Court of Arkansas · 1912
3Cited by2 opinions
- Petree v. PetreeSupreme Court of Arkansas · 1947
- Gibson v. GibsonSupreme Court of Arkansas · 1923