Stephens v. Stephens
Supreme Court of Arkansas
Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; 1. The doctrine of estoppel by deed is conclusive here.
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Appeal from Clay Chancery Court; Edward D. Robertson, Chancellor; 1. The doctrine of estoppel by deed is conclusive here. A person can not deny his own deed whether it had been actually delivered or not; but in this case, the deed having been recorded makes out a prima facie case of delivery. 25 Ark. 225; 8 Ark. 345; 10 Ark. 89; 30 Ark. 230; 50 Ark. 212. The presumption of delivery arising from the registration of a deed can be overcome only by clear and decisive proof, and the mere fact that the grantor retained the deed in his possession is not sufficient to overcome such presumption. 97…
1Opinion of the CourtSmith, J.
This suit was commenced by appellee August 26, 1903, to cancel a deed executed by Mm to Ms wife and their infant cMldren, the appellant being the oldest cMld. The deed sought to be cancelled was executed on the 21st day of July, 1898, and by it appellee conveyed to Ms wife, Jennie Stephens, and the appellant, Maggie Stephens and James K. ánd Grace Stephens, Ms cMldren, the following described lands, lying in the Western District of Clay County, towit:
Northwest quarter, southeast quarter, section 22; northwest quarter, southwest quarter, section 23; northeast quarter, southeast quarter,…
2Cases cited4 opinions
- Russell v. MaySupreme Court of Arkansas · 1905
- Robbins v. RascoeSupreme Court of North Carolina · 1897
- Graham v. SuddethSupreme Court of Arkansas · 1911
- Blanton v. DavisSupreme Court of Arkansas · 1913
3Cited by12 opinions
- Oliver v. RouthSupreme Court of Arkansas · 1916
- Cavett v. PettigrewSupreme Court of Arkansas · 1930
- Colquitt v. StevensSupreme Court of Arkansas · 1914
- Greene County v. Clay CountySupreme Court of Arkansas · 1918
- Waters v. HanleySupreme Court of Arkansas · 1915
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