Salyers v. Smith
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court in Chancery. statement by the court. The appellee brought this suit in equity against his daughter and her husband, alleging that before her marriage appellee had made her a deed to certain land in consideration that she would support him as long as he lived, and that she afterwards married, and turned him ont.
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Appeal from Hempstead Circuit Court in Chancery. statement by the court. The appellee brought this suit in equity against his daughter and her husband, alleging that before her marriage appellee had made her a deed to certain land in consideration that she would support him as long as he lived, and that she afterwards married, and turned him ont. He alleged that it would take $150 per annum for his support, and prayed that he have a lien against said land for his support during life, and that the defendants be restrained from selling or incumbering the land; that he have judgment against the…
1Opinion of the Court
Wood, J.,
(after stating the facts.) The proof is hardly sufficient to justify a finding by the chancellor that appellants had refused to support the appellee, if such support were a part of the consideration, or the only consideration, for the deed. Until appellants had positively refused to render him the support promised, or had done some act tantamount to that, conceding that such was the consideration for the deed, there could be no cause of action to appellee. If the conduct of appellants was such to make the life of appellee intolerable, and to force him to quit their home, still, in a…
2Cases cited1 opinion
- Harris v. HanieSupreme Court of Arkansas · 1881
3Cited by34 opinions
- Hilburn v. First State Bank of SpringdaleSupreme Court of Arkansas · 1976
- Spradling v. SpradlingSupreme Court of Arkansas · 1911
- Jarratt v. LangstonSupreme Court of Arkansas · 1911
- Cox v. SmithSupreme Court of Arkansas · 1910
- Priest v. MurphySupreme Court of Arkansas · 1912
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