Varner v. Rice
Supreme Court of Arkansas
CROSS-APPEALS from Lincoln Circuit Court iu Chancery. Hon. John A. Williams, Circuit Judge. The court erred in divesting Wm. E. of his possession and control of the land, and in decreeing partition. The instrument was good as a covenant to stand seized for the use and benefit of the children.
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CROSS-APPEALS from Lincoln Circuit Court iu Chancery. Hon. John A. Williams, Circuit Judge. The court erred in divesting Wm. E. of his possession and control of the land, and in decreeing partition. The instrument was good as a covenant to stand seized for the use and benefit of the children. The old rule that where the provisions of a deed are repugnant to, or inconsistent with each other, the first will prevail, and that conveyances will be construed most strongly against the grantor, has been much restricted in modern times. Equity takes the whole instrument, and construes it as a whole,…
1Opinion of the CourtEakin, J.
William E. Varner was tenant by curtesy of a large body of real estate near and partly composing the town of Varner, at Varner’s Station, on the Little Rock, Mississippi River & Texas Railway. The fee simple, in remainder, was in his two children, Medora and William I. Varner, of whom he was guardian. Previous to the year 1877, acting under an order of the probate court, which was supposed to be valid, and acting for himself as well as in the character of guardian, he sold off, at private sale, to John A. Varner, two small tracts of the land at Varner’s Station, which had been, or were to be,…
2Cases cited1 opinion
- Colby v. ColbySupreme Court of Vermont · 1855
3Cited by8 opinions
- Davis v. BurfordSupreme Court of Arkansas · 1939
- Eidam v. FinneganSupreme Court of Minnesota · 1892
- Totten v. Pocahontas Coal & Coke Co.West Virginia Supreme Court · 1910
- Baker v. BoydSupreme Court of Arkansas · 1938
- Morgan v. StocksSupreme Court of Arkansas · 1938
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