Watson v. Billings
Supreme Court of Arkansas
APPEAL from Jackson Circuit Court in Chancery. Hon. E. H. Powell, Circuit Judge. Every presumptiou is in favor of the regularity of official acts, and unless misconduct of the officer is plainly and conclusively proved, his acts will be upheld. Wharton on Ev., sec. 1318. The unsupported evidence of appellee would not justify a decree cancelling the deed. Opinion, Treat, J. Morrison v. McKee et al, St. Louis Ot.
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APPEAL from Jackson Circuit Court in Chancery. Hon. E. H. Powell, Circuit Judge. Every presumptiou is in favor of the regularity of official acts, and unless misconduct of the officer is plainly and conclusively proved, his acts will be upheld. Wharton on Ev., sec. 1318. The unsupported evidence of appellee would not justify a decree cancelling the deed. Opinion, Treat, J. Morrison v. McKee et al, St. Louis Ot. Ot.; Sawyer v. Hovey, 3 Allen, 331: Bispham’s Equity, sec. 470; Northwest Mutual Life Ins. Co. v. Nelson, Albany Law Journal, vol. 23, p. 336, reported 13 Otto., 544. The burden rests…
1Opinion of the CourtEakin, J.
This is a bill by appellee for dower in a certain tract, and a share of the rents. Appellant sets up a relinquishment, by complainant, in her husband’s lifetime, and exhibits the deed. It bears date of March 6th, 1871 ; contains her relinquishment of dower; is signed by her with her mark, her husband joining; and appears, by the certificate of a justice of the peace, to have been next day duly acknowledged in substantial compliance with law. It was never filed for record. She also claims improvements, in case dower should be allowed.
There was no reply to the cross-claim for improvements ; and…
2Cited by16 opinions
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Miller v. United StatesCourt of Appeals for the Eighth Circuit · 1942
- Campbell v. HarshSupreme Court of Oklahoma · 1912
- Miles v. JerrySupreme Court of Arkansas · 1923
- Straughan v. BennettSupreme Court of Arkansas · 1922
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