Battle v. Anders
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Georgia W. Anders and Mary, D. Cornelius instituted this action against W. M. Stroud, Lucy D. Battle and Ella Knotts in chancery court, alleging that both plaintiffs and defendants are the children and heirs-at-law of Isaac B. Stroud, deceased. That he had lived in Hempstead County, Arkansas, and was the owner of about two hundred and fifty acres of land on which he resided.
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Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Georgia W. Anders and Mary, D. Cornelius instituted this action against W. M. Stroud, Lucy D. Battle and Ella Knotts in chancery court, alleging that both plaintiffs and defendants are the children and heirs-at-law of Isaac B. Stroud, deceased. That he had lived in Hempstead County, Arkansas, and was the owner of about two hundred and fifty acres of land on which he resided. That he made a deed to each of his five children ■ to a certain parcel of land, but the deeds were never delivered. They prayed…
1Opinion of the Court
Hart, J.,
(after stating the facts). The only issue raised by the appeal in the case is, whether or not the deeds were delivered, and this is ordinarily a question of fact to be determined by the intent of the grantor, as manifested by his acts- or words or both. It is only where the acts or words unequivocally evince the purpose of the grantor that the question of delivery becomes one of law. Cribbs v. Walker, 74 Ark, 104; Russell v. May, 77 Ark. 99; Eastham v. Powell, 51 Ark. 530.
Manson Stroud said that his father delivered the deeds to him in the field, and told him that if he outlived him…
2Cases cited1 opinion
- Eastham v. PowellSupreme Court of Arkansas · 1889
3Cited by11 opinions
- Lanigir v. ArdenNevada Supreme Court · 1966
- Fine v. LasaterSupreme Court of Arkansas · 1913
- Bray v. BraySupreme Court of Arkansas · 1918
- Cavett v. PettigrewSupreme Court of Arkansas · 1930
- Smith v. Van DusenSupreme Court of Arkansas · 1962
6 more not listed; retrieve them via the Exa API.