Shackleford v. Shackleford
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The deeds were obtained by undue influence and on a promise to reconvey. Appellee is a self-constituted and self-confessed trustee, and stood in a fiduciary capacity, and the court erred in not canceling the deeds. 43 N. E. 336; 6 Cyc. 335, 681; 186 Pa. St. 314; 29 Cyc. 657; 102 Ark. 232; 12 Peters 241; 173 U. S. 17; 1 Black on Resc. & Can. 659; 18 A. & E. Anno. Cases 538; 51 So.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; The deeds were obtained by undue influence and on a promise to reconvey. Appellee is a self-constituted and self-confessed trustee, and stood in a fiduciary capacity, and the court erred in not canceling the deeds. 43 N. E. 336; 6 Cyc. 335, 681; 186 Pa. St. 314; 29 Cyc. 657; 102 Ark. 232; 12 Peters 241; 173 U. S. 17; 1 Black on Resc. & Can. 659; 18 A. & E. Anno. Cases 538; 51 So. Rep. 321; 1 Black on R. & C., pp. 667, 633. The burden of proof was on defendant. The findings of the chancellor are not conclusive. In chancery…
1Opinion of the CourtHumphreys, J.
This suit was instituted by appellants against appellee in the Pulaski Chancery Court to cancel deeds executed by appellants to appellee, conveying an undivided two-thirds interest in the west half of lots one and two in block seventeen in Pope’s Addition to the city of Little Rock, Pulaski County, Arkansas, on the ground that they were procured by appellee from appellants through undue influence.
Appellee filed answer, denying that the deeds in question were procured by her through undue influence, but, on the contrary, were executed by appellants freely and of their own accord with a full…
2Cases cited1 opinion
- Giers v. HudsonSupreme Court of Arkansas · 1911
3Cited by4 opinions
- Trustees of Jesse Parker Williams Hospital v. NisbetSupreme Court of Georgia · 1941
- Gross v. GrossMissouri Court of Appeals · 1981
- In re Estate of ChaseOhio Court of Appeals · 1940
- Dutcher v. DutcherCourt of Appeals of Tennessee · 1986