Oxford v. Hopson
Supreme Court of Arkansas
Appeal from Little River Chancery Court. James D. 'Shaver, Chancellor. The evidefi&e shows that Mrs. Alexander was not in mental condition to make a binding deed at the time of its execution, and it should not be allowed to stand. 26 Ark. 604; 6 Ves. 266; 4 Barb. 379; 5 Black. 509; 12 How. 200; 1 St Eq. § 249; 2 Pom. Eq.
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Appeal from Little River Chancery Court. James D. 'Shaver, Chancellor. The evidefi&e shows that Mrs. Alexander was not in mental condition to make a binding deed at the time of its execution, and it should not be allowed to stand. 26 Ark. 604; 6 Ves. 266; 4 Barb. 379; 5 Black. 509; 12 How. 200; 1 St Eq. § 249; 2 Pom. Eq. Jur. § 928; 1 St. Eq. § § 244-250. The evidence totally fails to show lack of mental capacity or any such circumstances of fraud as would demand that it be set aside.
1Opinion of the CourtMcCuuloch, J.
The appellants, May and Myra Oxford, suing by their next friend, C. E. Oxford, who is their father, brought this suit in the chancery court of Tittle River County against Walter S. Hopson to cancel a deed executed on December 29, 1897, by their grandmother, Mrs. Rhoda Ann Alexander, to Hopson, conveying a tract of land described as fractional section 13, township 13 south, range 33 west.
Mrs. Alexander died intestate in May, 1900, at the age of 50 years, leaving the plaintiffs as her heirs at law. They allege that Mrs. Alexander had for many years been addicted to the excessive use of…
2Cases cited1 opinion
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
3Cited by4 opinions
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- In Re MartinUnited States Bankruptcy Court, E.D. Arkansas · 1997
- Lewis v. PettisSupreme Court of Arkansas · 1927