Legal Opinion

Hargis v. Lawrence

Supreme Court of Arkansas

Decided June 24, 1918PublishedCited by 12 opinions

Appeal from Carroll Chancery Court, Western District; BenF. McMahan, Chancellor; 1. Appellees are barred by the decree of confirmation in 1903. Kirby’s Dig. § 656-7; 188 S. W. 810. 2. The cause should have been dismissed because of want of capacity in appellees to sue. The proof wholly fails to show any individual interest in the two individuals named as plaintiff.

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Appeal from Carroll Chancery Court, Western District; BenF. McMahan, Chancellor; 1. Appellees are barred by the decree of confirmation in 1903. Kirby’s Dig. § 656-7; 188 S. W. 810. 2. The cause should have been dismissed because of want of capacity in appellees to sue. The proof wholly fails to show any individual interest in the two individuals named as plaintiff. Bradley had been a trustee, but Lawrence was not; neither had he any individual interest. 3. The decree is erroneous as to the three acre tract because it was in effect a reformation of a deed of gift, to which neither the grantor…

1Opinion of the CourtHumphreys, J.

W. H. Lawrence and Alfred M. Bradley, as trustees for Carmel Baptist Church, and in their individual capacities, brought suit against Abe Hargis in the chancery court for the Eastern District of Carroll County to reform an alleged misdescription of the land in a deed executed by B. K. W. Bradley and A. J. Bradley, to Anderson Cox, Spencer B. Hulsey and Alfred M. Bradley on the 29th day of October, 1887; and an alleged error in designating the grantee in a deed executed by the heirs of B. K. W. Bradley, deceased, to W. H. Lawrence on the 3rd day of January, 1899; and to quiet the title to the…

2Cases cited3 opinions

  1. Crill v. HudsonSupreme Court of Arkansas · 1903
  2. Haggart v. RanneySupreme Court of Arkansas · 1904
  3. Moorehead v. DialSupreme Court of Arkansas · 1918

3Cited by12 opinions

  1. Allen B. Du Mont Laboratories, Inc. v. Marcalus Manufacturing Co.Supreme Court of New Jersey · 1959
  2. United Mine Workers of America v. Coronado Coal Co.Court of Appeals for the Eighth Circuit · 1919
  3. Welch v. BurtonSupreme Court of Arkansas · 1952
  4. Howell v. BaskinsSupreme Court of Arkansas · 1948
  5. McClelland v. McClellandSupreme Court of Arkansas · 1951

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