Legal Opinion

Nelson v. Murray

Supreme Court of Arkansas

Decided October 4, 1920PublishedCited by 1 opinion

Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT OE EACTS. Appellees brought this suit in equity against appellant to cancel and set aside a deed to her from Katie Henry on account of the mental incapacity of the grantor. Katie Henry was an old colored woman, sixty-eight years of age, who lived in the city of Little. Rock, and owned a house and lot in North Little Rock which she had rented for some years to ¡Beatrice Nelson.

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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; STATEMENT OE EACTS. Appellees brought this suit in equity against appellant to cancel and set aside a deed to her from Katie Henry on account of the mental incapacity of the grantor. Katie Henry was an old colored woman, sixty-eight years of age, who lived in the city of Little. Rock, and owned a house and lot in North Little Rock which she had rented for some years to ¡Beatrice Nelson. For nine years or more she had resided with Elijah Murray and his family in the city of Little Rock. She did various kinds of work until…

1Opinion of the CourtHart, J.

(after stating the facts). The deed is soug'ht to be set aside solely on the ground of the mental incapacity of the grantor, and the only issue raised by the appeal is whether or not Katie Henry was capable of understanding the nature and effect of her act in signing the deed on the 11th day of December, 1919, whereby she conveyed the house and lot in controversy to Beatrice Nelson.

Counsel for appellant contend for a reversal of the decree on the ground that the greater number of witnesses in the case testified that Katie Henry was mentally competent at the time she executed the deed in…

2Cases cited2 opinions

  1. McEvoy v. TuckerSupreme Court of Arkansas · 1914
  2. Jones v. TraversSupreme Court of Arkansas · 1915

3Cited by1 opinion

  1. Hawkins v. RandolphSupreme Court of Arkansas · 1921

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