Malin v. Rolfe
Supreme Court of Arkansas
APPEAL from Cross Circuit Court. J. E. Riddick, Judge. Mollie Head had no dower interest, the property was her separate estate, and if any validity is attached to the deed of trust, it must pass her title. Deeds are most strongly construed against the grantor. The deed conveyed all the interest Mollie Head had. Si Ark., 420; 43 Ark,, 160; 43 Ark., 29. No apt words of conveyance were used to convey Mollie .Head’s separate estate.
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APPEAL from Cross Circuit Court. J. E. Riddick, Judge. Mollie Head had no dower interest, the property was her separate estate, and if any validity is attached to the deed of trust, it must pass her title. Deeds are most strongly construed against the grantor. The deed conveyed all the interest Mollie Head had. Si Ark., 420; 43 Ark,, 160; 43 Ark., 29. No apt words of conveyance were used to convey Mollie .Head’s separate estate. She did not join in the operative words of the grant, 42 Ark., 357; 3 Wash. R. Pr., ch. 4, par. 20; 4 How., 225; 1 Metc., 542; 9 Mass., 161; 3 Mason, 347.
1Opinion of the CourtHughes, J.
This is a suit in ejectment, in which the only question to be determined here is as to the sufficiency of a deed in trust executed by L. T. Head and Mollie Head his wife, who was the mother of all the appellees save Rolfe, who was their tenant, to John B. Bruner as trustee of the appellants, which deed formed a part of the appellants’ claim of title, a copy of which was exhibited with their complaint.
The deed bore date the 15th day of March, 1884, and was made to secure the payment of a debt, which L. T. Head owed appellants and authorized the trustee Bruner upon default to sell and convey…
2Cited by4 opinions
- Jackson v. LadySupreme Court of Arkansas · 1919
- Davis v. GriffinSupreme Court of Arkansas · 1989
- Holmes v. CountissSupreme Court of Arkansas · 1938
- Harper v. McGooganSupreme Court of Arkansas · 1913