Morgan v. McCuin
Supreme Court of Arkansas
Appeal from Union Chancery iGourt; /. M. Barker, Chancellor; STATEMENT BY THE COURT. This is a suit in chancery commenced on the 12th day of August, 1909, by D. E. Morgan against E. J. McCuin, Mrs. N. McCuin and Neely Burton. The purpose of the action was to reform a certain deed executed by Morgan to Burton, and to recover possession of the land in controversy. E. J. McCuin claimed no title to the property, and the suit was discontinued as to him.
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Appeal from Union Chancery iGourt; /. M. Barker, Chancellor; STATEMENT BY THE COURT. This is a suit in chancery commenced on the 12th day of August, 1909, by D. E. Morgan against E. J. McCuin, Mrs. N. McCuin and Neely Burton. The purpose of the action was to reform a certain deed executed by Morgan to Burton, and to recover possession of the land in controversy. E. J. McCuin claimed no title to the property, and the suit was discontinued as to him. The defendant Burton failed to answer, plead or demur, but made default. The defendant Mrs. McCuin answered, denying the allegations of the…
1Opinion of the Court
Hart, J.,
(after stating the facts). Under the undisputed facts of this case, the plaintiff was entitled to a reformation of the deed as against Neely Burton to correct the mistake made in the description contained in the deed from Morgan to Burton. But, in order to-affect the rights of Mrs. MdCuin, other questions arise.
Was she .a bona fide purchaser for value without notice of the equities of the plaintiff, Morgan? It is insisted by the plaintiff that he informed Mr. McCuin, the husband and agent of Mrs. McCuin, before she made the purchase from Burton, that he claimed the strip of land in…
2Cases cited4 opinions
- Turman v. BellSupreme Court of Arkansas · 1891
- Graham v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1901
- Thalheimer v. LockertSupreme Court of Arkansas · 1905
- Dorado v. Ritchie Grocery Co.Supreme Court of Arkansas · 1907
3Cited by9 opinions
- American Building & Loan Ass'n v. WarrenSupreme Court of Arkansas · 1911
- Bellamy v. ShryockSupreme Court of Arkansas · 1947
- Moore v. OatesSupreme Court of Arkansas · 1920
- Shafer v. KillpackUtah Supreme Court · 1918
- Rowsey v. JamesonSupreme Court of Oklahoma · 1915
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