Legal Opinion

Morton v. Davis

Supreme Court of Arkansas

Decided October 7, 1912PublishedCited by 7 opinions

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; affirmed. The preponderance of the evidence shows that appellee was of sound mind and discretion when the deed was executed and delivered, and the chancellor’s findings and decree should be reversed, 92 Ark. 359; 41 Ark. 292; 42 Ark. 521; 43 Ark. 307; 55 Ark. 112; 75 Ark. 72; 77 Ark. 216. A clear preponderance of the evidence shows that appellee was of unsound mind, and not capable of making a valid deed, at…

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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; affirmed. The preponderance of the evidence shows that appellee was of sound mind and discretion when the deed was executed and delivered, and the chancellor’s findings and decree should be reversed, 92 Ark. 359; 41 Ark. 292; 42 Ark. 521; 43 Ark. 307; 55 Ark. 112; 75 Ark. 72; 77 Ark. 216. A clear preponderance of the evidence shows that appellee was of unsound mind, and not capable of making a valid deed, at the time the deed to appellants is alleged to have been executed. The decree should be affirmed. 92 Ark. 30; 70 Ark.…

1Opinion of the CourtFrauenthal, J.

This is an action originally instituted by L. C. Maloney against J. T. and A. M. Morton seeking to cancel a deed executed by one Sylvia Davis to them, conveying certain land situated in Pulaski County, and to remove said deed as a cloud from his title to the land. The plaintiff claimed title to the land under a prior deed executed to him by said Sylvia Davis. Subsequently, said Sylvia Davis was made a party to the suit, and she appeared by her guardian, who filed an answer, which was also made a cross complaint against said parties, plaintiff and defendant. This pleading also asked that one…

2Cases cited4 opinions

  1. Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
  2. Pulaski County v. HillSupreme Court of Arkansas · 1911
  3. Tobin v. JenkinsSupreme Court of Arkansas · 1874
  4. Killian v. BadgettSupreme Court of Arkansas · 1871

3Cited by7 opinions

  1. Pledger v. BirkheadSupreme Court of Arkansas · 1923
  2. Petree v. PetreeSupreme Court of Arkansas · 1947
  3. Futrall v. McKennonSupreme Court of Arkansas · 1933
  4. Rogers v. CunninghamSupreme Court of Arkansas · 1915
  5. Lewis v. PettisSupreme Court of Arkansas · 1927

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