Shirk v. Williamson
Supreme Court of Arkansas
APPEAL from Clay Circuit Court in chancery. W. H. Cate, Judge. STATEMENT. The appellee filed her complaint in equity against the appellant, Shirk, and Theodore B. Mills, to set aside as fraudulent, a deed made, by Mills, conveying certain lands to Shirk, and to quiet her title to the lands which she claimed as de-visee of her deceased husband, James M. Williamson.
Read the full summary
APPEAL from Clay Circuit Court in chancery. W. H. Cate, Judge. STATEMENT. The appellee filed her complaint in equity against the appellant, Shirk, and Theodore B. Mills, to set aside as fraudulent, a deed made, by Mills, conveying certain lands to Shirk, and to quiet her title to the lands which she claimed as de-visee of her deceased husband, James M. Williamson. The •complaint alleges that the deed was made under a power of attorney executed by the plaintiff and her husband, authorizing Mills to sell the lands but giving him no authority to mortgage them; and that the conveyance to Shirk,…
1Opinion of the Court
OPINION.
Cockmll, C. J.
Both parties claim title through» James M. Williamson — one by deed, the other by devise.
I. The plaintiff’s claim of a devise, which was particularly alleged in the complaint, was not specifically denied by the answer, and was not, therefore,'put in issue. The formal general denial goes for naught. Gwynn v. McCauley, 32 Ark., 97; Hecht v. Caughron, 46 Ark., 132. The effect of the answer was to admit that whatever interest James M, Williamson had in, the lands, at his death passed to tiñe. plaintiff by the will, and to tender the issue of a superior title in the…
2Cited by7 opinions
- Stolz v. FranklinSupreme Court of Arkansas · 1975
- Chiles v. Mann & MannSupreme Court of Arkansas · 1966
- Rutherford v. FosterCourt of Appeals for the Eighth Circuit · 1903
- Citizens' Nat. Bank v. Warner & JacksonSupreme Court of Oklahoma · 1912
- Kohlenberger, Inc. v. Tyson's Foods, Inc.Supreme Court of Arkansas · 1974
2 more not listed; retrieve them via the Exa API.