Hawkins v. Randolph
Supreme Court of Arkansas
Appeal from Franklin Chancery Court, Ozark District; J. V. Bourlcmd, Chancellor; STATEMENT OP PACTS. Robert H. Randolph brought this suit in equity against S. B. Hawkins to annul and set aside a contract whereby the plaintiff released in favor of the defendant, a mortgage on a tract of land to secure an indebtedness of $10,000. On the 7th day of July, 1919, R. H. Randolph executed to S. B. Hawkins a deed to 183 acres of land in Franklin County, Arkansas, for the…
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Appeal from Franklin Chancery Court, Ozark District; J. V. Bourlcmd, Chancellor; STATEMENT OP PACTS. Robert H. Randolph brought this suit in equity against S. B. Hawkins to annul and set aside a contract whereby the plaintiff released in favor of the defendant, a mortgage on a tract of land to secure an indebtedness of $10,000. On the 7th day of July, 1919, R. H. Randolph executed to S. B. Hawkins a deed to 183 acres of land in Franklin County, Arkansas, for the consideration of $12,-500. Of this amount $500 was in cash and the balance in five promissory notes. The first note was for $2,000,…
1Opinion of the CourtHart, J.
(after stating the facts). We think the decision of the chancellor was correct. In. the case of Kelly’s Heirs v. McGuire, 15 Ark. 555, the court recognized that the law does not seem to have attempted to draw any discriminating’ line by which to determine how great must be the imbecility of mind to render a contract void; or how much intellect must remain to uphold it. The reason that no exact general rule as to incapacity to contract can be laid down is because each case will be found influenced by its own peculiar' circumstances. In discussing the subject the court said:
“While the solemn…
2Cases cited4 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- In re BarkerNew York Court of Chancery · 1816
- Campbell v. LuxSupreme Court of Arkansas · 1920
- Nelson v. MurraySupreme Court of Arkansas · 1920
3Cited by9 opinions
- Dent v. WrightSupreme Court of Arkansas · 1995
- Watson v. AlfordSupreme Court of Arkansas · 1974
- Petree v. PetreeSupreme Court of Arkansas · 1947
- City of Lincoln v. SteffensmeyerNebraska Supreme Court · 1938
- Black v. DuffieCourt of Appeals of Arkansas · 2016
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