Morris v. Fletcher
Supreme Court of Arkansas
Appeal from Lonoke Chancery Court. Since High was under a legal obligation to convey the lands to his wife, no other consideration was required. 40 Ohio St. 400; 66 la. 422; 92 Ga. 485. If he mingledhisown property with the trust property in such a manner that it could not be separated, he was bound to, account for it all to the cestui que trust, his wife. 104 U. S. 54; 83 Mo. 210, 216; 53 Ark. 545, 558; 47 Ark. 533. High having failed to carry out his part of the agreement,…
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Appeal from Lonoke Chancery Court. Since High was under a legal obligation to convey the lands to his wife, no other consideration was required. 40 Ohio St. 400; 66 la. 422; 92 Ga. 485. If he mingledhisown property with the trust property in such a manner that it could not be separated, he was bound to, account for it all to the cestui que trust, his wife. 104 U. S. 54; 83 Mo. 210, 216; 53 Ark. 545, 558; 47 Ark. 533. High having failed to carry out his part of the agreement, his heirs cannot rescind, in the face of his default. 6 Rich. Eq. (S. 0.) 324; 19 O. B., N. S. 393; 4 Barb. 614; 2 Cal.…
1Opinion of the CourtBattle, J.
The first-mentioned action was instituted by the administrator and heirs of W. T. High, deceased, against the administrator and heirs of Lizzie J. High, to set aside a deed of conveyance of certain lands, which was executed to Lizzie J. by W. T. High in his lifetime. The grounds of the action, as set forth in the complaint, are that W. T. High, being the owner of the lands mentioned, conveyed them to Lizzie J. on the 19th day of February, 1887, she then being his wife; that High and his wife each had children by former marriages; that the consideration of the deed was the promise of Mrs. High…
2Cases cited4 opinions
- Nance v. NanceSupreme Court of Alabama · 1887
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Kirby v. BrunsSupreme Court of Missouri · 1870
- Lynde v. McGregorMassachusetts Supreme Judicial Court · 1866
3Cited by6 opinions
- Williams v. Adler-Goldman Commission Co.Court of Appeals for the Eighth Circuit · 1915
- Sharp v. FitzhughSupreme Court of Arkansas · 1905
- Pullen v. SimpsonSupreme Court of Arkansas · 1905
- Haycock v. TarverSupreme Court of Arkansas · 1913
- Reaves v. CoffmanSupreme Court of Arkansas · 1908
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