Davis v. Davis
Supreme Court of Arkansas
Appeal from Stone Chancery Court; W. R. McIntosh, Special Chancellor; STATEMENT OR FACTS. Appellants brought this suit in equity against appellees to compel appellees to deliver to them a deed to certain lands comprising about 1,300 acres, and for the possession of said lands. Appellees deny that the deed had ever been delivered or that the appellants were the owners of, or entitled to the possession of the lands in controversy.
Read the full summary
Appeal from Stone Chancery Court; W. R. McIntosh, Special Chancellor; STATEMENT OR FACTS. Appellants brought this suit in equity against appellees to compel appellees to deliver to them a deed to certain lands comprising about 1,300 acres, and for the possession of said lands. Appellees deny that the deed had ever been delivered or that the appellants were the owners of, or entitled to the possession of the lands in controversy. By way of cross-complaint they allege that appellants and appellees are the heirs at law of W. E. Davis, deceased, who died owning and in possession of said lands;…
1Opinion of the CourtHart, J.
(after stating the facts). In the first place, it may be said that a preponderance of the evidence shows that the deed under which appellants claim title to the land in controversy was never delivered. The question of delivery is one of fact to be determined by the intent of the grantor, as manifested by his acts or words or both.
In order to constitute a delivery, there must be an intention to pass the title immediately to the land conveyed, and that the grantor shall lose dominion over the deed. Battle v. Anders, 100 Ark. 427, and Bray v. Bray, 132 Ark. 438. Tested by this rule, it is…
2Cases cited3 opinions
- Bray v. BraySupreme Court of Arkansas · 1918
- Battle v. AndersSupreme Court of Arkansas · 1911
- Moore v. WaldsteinSupreme Court of Arkansas · 1905
3Cited by7 opinions
- Cavett v. PettigrewSupreme Court of Arkansas · 1930
- Ransom v. RansomSupreme Court of Arkansas · 1941
- Woodruff v. MillerSupreme Court of Arkansas · 1947
- Belky v. TerrellSupreme Court of Oklahoma · 1923
- Taylor v. CalawaySupreme Court of Arkansas · 1933
2 more not listed; retrieve them via the Exa API.