Legal Opinion

Kenady v. Gilkey

Supreme Court of Arkansas

Decided December 17, 1906PublishedCited by 12 opinions

Appeal from Perry Chancery Court; Jeremiah G. Wallace, Chancellor; 1. Mrs. Kenady made and delivered to W. H. Kenady her warranty deed to the land in controversy.

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Appeal from Perry Chancery Court; Jeremiah G. Wallace, Chancellor; 1. Mrs. Kenady made and delivered to W. H. Kenady her warranty deed to the land in controversy. Acknowledgment of an instrument raises a presumption of its due execution, and is a fact entitled to be considered in determining whether there has been a delivery. 1 Cyc. 540. Her subsequent statement that he had taken the deed to his attorneys to examine shows delivery to him by her, and delivery passes title. 7 Ark. 505; 15 Ark. 538; 14 Ark. 286; 24 Ark. 244. Destruction of a deed by the grantor after it had been delivered will…

1Opinion of the CourtMcCuerocii, J.

This suit involves a tripartite controversy over the title to certain lands in Perry County, Arkansas.

Appellee, M. W. Gilkey, was formerly a resident of Perry County, and acquired title to the N. E. of S. W. ¿4 and N. W. of S. E. J4 sec. 36-4-21 — 80 acres — which we may hereafter refer to as the Gilkey tract. About the year 1890, while in possession of the land as a homestead, he left the country and left his wife in possession of the land; and she procured a divorce from him about 1899, intermarried with appellant, W. H. Kenady, on September 2, 1902, and died childless in June, 1903.

On May…

2Cases cited5 opinions

  1. Beard v. WilsonSupreme Court of Arkansas · 1889
  2. Nunn v. LynchSupreme Court of Arkansas · 1904
  3. Spurlock v. SpurlockSupreme Court of Arkansas · 1906
  4. Daughdrill Admr. v. DaughdrillSupreme Court of Alabama · 1895
  5. Freeman v. WatkinsSupreme Court of Arkansas · 1889

3Cited by12 opinions

  1. Erwin v. KerrinSupreme Court of Arkansas · 1925
  2. Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
  3. Slaughter v. Cornie Stave CompanySupreme Court of Arkansas · 1927
  4. McCulloch v. McCullochSupreme Court of Arkansas · 1948
  5. Wasson v. WalkerSupreme Court of Arkansas · 1923

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