Kenady v. Gilkey
Supreme Court of Arkansas
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
- Beard v. WilsonSupreme Court of Arkansas · 1889
- Nunn v. LynchSupreme Court of Arkansas · 1904
- Spurlock v. SpurlockSupreme Court of Arkansas · 1906
- Daughdrill Admr. v. DaughdrillSupreme Court of Alabama · 1895
- Freeman v. WatkinsSupreme Court of Arkansas · 1889
3Cited by12 opinions
- Erwin v. KerrinSupreme Court of Arkansas · 1925
- Quellmalz Lumber & Manufacturing Co. v. DaySupreme Court of Arkansas · 1918
- Slaughter v. Cornie Stave CompanySupreme Court of Arkansas · 1927
- McCulloch v. McCullochSupreme Court of Arkansas · 1948
- Wasson v. WalkerSupreme Court of Arkansas · 1923
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