Legal Opinion

Kilpatrick v. Rowan

Supreme Court of Arkansas

Decided June 7, 1915PublishedCited by 3 opinions

Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Appellee brought suit against William Kilpatrick on a promissory note for $4,000, alleged to have been executed by said Kilpatrick as consideration for the sale of a certain tract of land conveyed to him on the 9th day of April, 1912, by ia warranty deed.

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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. Appellee brought suit against William Kilpatrick on a promissory note for $4,000, alleged to have been executed by said Kilpatrick as consideration for the sale of a certain tract of land conveyed to him on the 9th day of April, 1912, by ia warranty deed. The complaint alleged that the note recited that no lien was retained for the purchase money and that ,a guardian had been appointed for said Kilpatrick in September,- 1912, on the alleged ground of insanity. The guardian -answered, making a statutory denial of…

1Opinion of the Court

Kirby, J.,(1) (after stating the facts). It is contended for appellant that the court erred in refusing him permission to open ¡and close the argument to the jury and also in permitting the appellee to testify about the transaction with the ward of appellant.

The statute provides that “The burden of proof in the whole action lies on the party who would be defeated, if no evidence were given on either .side” (section 3107, Kirby’s Digest), and .also that it is the duty of the guardian of a person of unsound mind to file an answer denying the material allegations of the complaint, prejudicial to…

2Cases cited5 opinions

  1. J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
  2. Cox v. SmithSupreme Court of Arkansas · 1911
  3. Thomas v. JacksonSupreme Court of Arkansas · 1912
  4. Pearson v. VanceSupreme Court of Arkansas · 1908
  5. St. Louis Southwestern Railway Co. v. McNeilSupreme Court of Arkansas · 1906

3Cited by3 opinions

  1. Motsinger v. WalkerSupreme Court of Arkansas · 1943
  2. Trumbull v. MartinSupreme Court of Arkansas · 1918
  3. Ferguson v. LeachSupreme Court of Arkansas · 1947

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