Staggers v. White
Supreme Court of Arkansas
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellants sued the appellees to recover possession of-a certain tract of land. The suit was begun in ejectment. The appellants claimed under a deed purporting to have 'been executed to them by August Staggers and Millie Staggers, his wife.
Read the full summary
Appeal from Hempstead Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Appellants sued the appellees to recover possession of-a certain tract of land. The suit was begun in ejectment. The appellants claimed under a deed purporting to have 'been executed to them by August Staggers and Millie Staggers, his wife. The deed recites a consideration of $200, .and was acknowledged January 3, 1891, and filed for record August 26, 1895. The appellee answered, setting up, 'among other things, that the deed under which appellants 'claimed the title was a forgery. They made their…
1Opinion of the Court
Wood, J.,
(after stating the facts). (1) The deed was exhibited with the complaint 'and purported to be signed by August Staggers and Millie Staggers, by their mark, and the deed was duly acknowledged on the 3d of January, 1891. The answer denying its genuineness was not verified, nor was there any separate affidavit denying the genuineness of the deed. The deed was therefore prima facie evidence of its recitals, and the burden was upon the appellees to show that the deed was a forgery. See Kirby’s Digest, § 3108; 13 Cyc. 737, and oases cited; Hall v. Rea, 85 Ark. 269; Dawkins v. Petteys, 121…
2Cases cited4 opinions
- Russell v. MaySupreme Court of Arkansas · 1905
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Rhea v. BagleySupreme Court of Arkansas · 1897
- Hall v. ReaSupreme Court of Arkansas · 1908
3Cited by6 opinions
- Kalt v. YoungworthCalifornia Supreme Court · 1940
- Brown v. BrownSupreme Court of Arkansas · 1918
- McDonald Land Co. v. Shapleigh Hardware Co.Supreme Court of Arkansas · 1924
- McSwain v. CriswellSupreme Court of Arkansas · 1948
- Terrill v. FowlerSupreme Court of Arkansas · 1928
1 more not listed; retrieve them via the Exa API.