Williams v. Prioleau
Supreme Court of Arkansas
Appeal from Lonoke Chancery 'Court; Jno E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellee brought suit in ejectment against appellants, the widow and children of Gabe Williams, deceased, alleging that she was the owner of the lands described, which had been conveyed to'her by a warranty deed executed by Gabe Williams and Lincy Ann Williams on the 14th day of March, 1908. Appellants moved to dismiss the complaint upon a plea of res adjudicata, setting out the record…
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Appeal from Lonoke Chancery 'Court; Jno E. Martineau, Chancellor; STATEMENT BY THE COURT. Appellee brought suit in ejectment against appellants, the widow and children of Gabe Williams, deceased, alleging that she was the owner of the lands described, which had been conveyed to'her by a warranty deed executed by Gabe Williams and Lincy Ann Williams on the 14th day of March, 1908. Appellants moved to dismiss the complaint upon a plea of res adjudicata, setting out the record in the unlawful detainer suit in Prioleau v. Williams, 104 Ark. 322. ■ This motion being overruled, they answered…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The undisputed testimony shows that the instrument as executed by Grabe Williams and Lincy Ann Williams is in form a warranty deed, conveying the lands in controversy, but after a consideration of the whole testimony, which we do not regard altogether clear and convincing, we are unable to say that the chancellor’s finding that the instrument executed was only intended as a mortgage and security, is dearly against the preponderance of the testimony.(1) No error was committed in denying the plea of res adjudicata, since the former suit was an action of…
2Cases cited3 opinions
- Sturdivant v. McCorleySupreme Court of Arkansas · 1907
- Mosley v. Mohawk Lumber Co.Supreme Court of Arkansas · 1916
- Prioleau v. WilliamsSupreme Court of Arkansas · 1912
3Cited by6 opinions
- Coleman's Service Center, Inc. v. Federal Deposit InsuranceCourt of Appeals of Arkansas · 1996
- American Exchange Trust Co. v. Trumann Special School DistrictSupreme Court of Arkansas · 1931
- Webb v. HerpinSupreme Court of Arkansas · 1950
- Sewell v. UmstedSupreme Court of Arkansas · 1925
- Hewlett v. EvansCalifornia Court of Appeal · 1922
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