Mayers v. Lark
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlancl, Chancellor; 1. The record conclusively shows that the property was bought and paid for by Mrs. Mayers. The fact that the deeds were made to her, while not conclusive, raises a strong presumption in her favor, which can only he overcome by the clearest and most positive proof.
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Appeal from Sebastian Chancery Court, Fort Smith District; J. V. Bourlancl, Chancellor; 1. The record conclusively shows that the property was bought and paid for by Mrs. Mayers. The fact that the deeds were made to her, while not conclusive, raises a strong presumption in her favor, which can only he overcome by the clearest and most positive proof. The fact that Doctor Mayers, during the sixty years of their married life, never asserted any claim or title in himself, is strong proof that he had no rights to assert; and if he was satisfied to let the title remain in his wife, even if the…
1Opinion of the CourtMcCulloch, C. J.
The subject-matter of this controversy is a lot on Garrison Avenue, in the city of Fort Smith, and plaintiffs, who are appellees here, are endeavoring to prove that the title is held in trust by their mother, who was one of the defendants and who died 'while the cause was pending in the court below. The action was instituted at law by the plaintiffs, Mrs. H. C. Lark and Mrs. Y. L. McCoy, against their mother, Mrs. Mary L. Mayers, and her three other daughters, Mrs. Rapley, Mrs. Rogers and Mrs. Linde, the object of the suit being to have the property partitioned.
The cause was transferred to…
2Cases cited2 opinions
- Womack v. WomackSupreme Court of Arkansas · 1904
- Johnson v. RichardsonSupreme Court of Arkansas · 1884
3Cited by8 opinions
- Ramsey v. RamseySupreme Court of Arkansas · 1975
- Aycock v. BottomsSupreme Court of Arkansas · 1940
- Frazier v. HanesSupreme Court of Arkansas · 1952
- Murchison v. MurchisonSupreme Court of Arkansas · 1923
- Prager v. WoottonSupreme Court of Arkansas · 1930
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