Bogenschultz v. O'Toole
Supreme Court of Arkansas
Appeal from Marion Circuit Court in Chancery. Elbridge G. Mitchell, Judge. Suit by John B. Bogenschultz and others against William O’Toole and others. From a decree for defendants plaintiffs appeal.
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Appeal from Marion Circuit Court in Chancery. Elbridge G. Mitchell, Judge. Suit by John B. Bogenschultz and others against William O’Toole and others. From a decree for defendants plaintiffs appeal. Fraud cannot be predicated of a conveyance of a homestead.. 43 Ark. 434. Appellant’s possession gave sufficient notice of their claim. 54 Ark. 281-2. It was error to refuse to allow appellants to amend their complaint by adding a supplemental paragraph offering to redeem if any sum was found due. ' Sand. & H. Dig., §§ 5769, 5772; 42 Ark. 59; 54 Ark. 276. The transaction in question was an absolute…
1Opinion of the CourtBunn, C. J.
The plaintiff, John B. Bogenschultz, was the owner of the lands in controversy by purchase from the federal government, and for which he had received his patent, dated August 18, 1891. Being indebted to the defendant William O’Toole in the sum of $200, and O’Toole agreeing to furnish him $150' worth of supplies for the year in addition to said indebtedness, John Bogenschultz (his wife, Mary E. Bogenschultz, joining with him in the relinquishment of her dower rights) .executed his.deed, in the form of an absolute deed, to the lands in controversy, for the consideration of $350, dated 14th…
2Cited by2 opinions
- Halbrook v. LewisSupreme Court of Arkansas · 1942
- Robb v. HoffmanSupreme Court of Arkansas · 1929