Jefferson v. Souter
Supreme Court of Arkansas
Appeal from Columbia Chancery Court; J. M. Barker, Chancellor; STATEMENT OF FACTS. In January, 1917, J; T. Souter brought suit in the circuit court against Lillie Jefferson to recover possession of 81 acres of land in Columbia County, Ark.
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Appeal from Columbia Chancery Court; J. M. Barker, Chancellor; STATEMENT OF FACTS. In January, 1917, J; T. Souter brought suit in the circuit court against Lillie Jefferson to recover possession of 81 acres of land in Columbia County, Ark. Lillie Jefferson filed an answer, asserting title to the land in controversy and setting up facts tending to show that the transaction with the plaintiff was not an absolute sale of the land to him, but was only intended by the parties as a mortgage. She asked that the cause be transferred to the chancery court, which was done. According to the testimony of…
1Opinion of the CourtHart, J.
(after stating the facts). The deed to J. T. Souter to the land in controversy is absolute on its face. While equity will permit parol evidence to be introduced to show that the transaction was intended as a mortgage, in order to overcome the presumption of law and. show from the absolute form of the deed that the transaction was intended by the parties as a mortgage, the evidence must be clear, unequivocal and convincing. Wimberly v. Scroggin, 128 Ark. 67, and Snell v. White, 132 Ark. 349.
According to these and .other decisions of this court, for the purpose of ascertaining the true…
2Cases cited4 opinions
- Russell v. WebbSupreme Court of Arkansas · 1910
- Snell v. WhiteSupreme Court of Arkansas · 1918
- Wimberly v. ScogginSupreme Court of Arkansas · 1917
- Strickland v. StricklandSupreme Court of Arkansas · 1912
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- R. E. L. McCaskill Co. v. DekleSupreme Court of Florida · 1924
- Matthews v. StevensSupreme Court of Arkansas · 1924
- Smith v. ClarkSupreme Court of Arkansas · 1952
- Covington v. Little Fay Oil Co.Supreme Court of Arkansas · 1929
- Bullington v. Farmer's Tractor & Implement Co.Supreme Court of Arkansas · 1959
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