Clendenin v. Stebbins
Supreme Court of Arkansas
Appeal from Marion Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. Where a deed is absolute in form, the legal presumption is that it is what it purports to be, a deed, •and the burden is on him who asserts it to be a mortgage and the intention must be clear and decisive. 75 Ark. 551; 88 Id. 299; 106 Id. 583; 109 Id. 535; 27 Ark. 1007; 75 Ark. 551. 2. The findings and decree, in view of the law, are clearly against the preponderance of the evidence. 3. A deed, absolute in…
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Appeal from Marion Chancery Court; Ben F. Mc-Mahan, Chancellor; 1. Where a deed is absolute in form, the legal presumption is that it is what it purports to be, a deed, •and the burden is on him who asserts it to be a mortgage and the intention must be clear and decisive. 75 Ark. 551; 88 Id. 299; 106 Id. 583; 109 Id. 535; 27 Ark. 1007; 75 Ark. 551. 2. The findings and decree, in view of the law, are clearly against the preponderance of the evidence. 3. A deed, absolute in form, intended as security for a debt, may in equity be shown to be a mortgage, and so intended. 95 Ark. 501; 130 S. W.…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee against appellant to divest the title to a certain quarter section of land in Marion County out of appellant and to vest the title thereto in appellee. The basis of appellee’s claim was that appellant held the legal title to the land as security for a debt which appellee owed to appellant and which he paid to her, and the prayer of the complaint was that the deed be decreed to be a mortgage.
It was alleged and proved that appellee located a mining claim on the land in controversy, and that he entered into a written contract with R. L. Berry, of…
2Cases cited1 opinion
- Stebbins v. ClendeninSupreme Court of Arkansas · 1918