Edwards v. Bond
Supreme Court of Arkansas
Appeal- from St. Francis Chancery Court'; Edward D. Robertson, Chancellor; An instrument, absolute on its face, is presumed by law to be what it purports to be, and to overcome this presumption the evidence must be clear, unequivocal and convincing. 88 Ark. 299; 75 Ark. 551.
1Opinion of the CourtKirby, J.
This is a suit in chancery to declare a deed, absolute on its face, a mortgage, for an accounting and redemption of the land conveyed, and from a decree in favor of appellee, refusing to grant the relief prayed, this appeal comes.
The testimony is in sharp conflict, and it may be that there is a bare preponderance of it in favor of appellant.
The deed being absolute in form, the burden was upon appel’ant to show that it was a mortgage, the law presuming that an instrument is what it appears on its face to be, an absolute conveyance; and, in the absence of fraud or imposition, the proof to…
2Cases cited2 opinions
- Hays v. EmersonSupreme Court of Arkansas · 1905
- Rushton v. McIllveneSupreme Court of Arkansas · 1908
3Cited by6 opinions
- Umberger v. WestmorelandSupreme Court of Arkansas · 1951
- Bailey v. FrankSupreme Court of Arkansas · 1926
- Landers v. DentonSupreme Court of Arkansas · 1948
- Comer v. ComerSupreme Court of Arkansas · 1930
- Wilson v. MasonSupreme Court of Arkansas · 1935
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