Scull v. Vaugine
Supreme Court of Arkansas
Cross Appeals from the Circuit Court of Jefferson County in Chancery. Hon. John C. Mukbay, Circuit Judge. The pretended deed of trust executed by Taylor and others, was a mere nullity, because it was executed by parties having no interest whatever, unless it be as to Paul and Francis Yaugine, who were direct heirs of the intestate. As to them, possibly, it had force.
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Cross Appeals from the Circuit Court of Jefferson County in Chancery. Hon. John C. Mukbay, Circuit Judge. The pretended deed of trust executed by Taylor and others, was a mere nullity, because it was executed by parties having no interest whatever, unless it be as to Paul and Francis Yaugine, who were direct heirs of the intestate. As to them, possibly, it had force. The statute of limitation would clearly attach as against all the other parties, ip favor of the party in possession. As to all other parties, it could be nothing more than a eonstruotwe trust, if any trust at all. In such case,…
1Opinion of the CourtJustice Scott
All the parties, both complainants and defendants, have appealed to this court, and the material facts of the case may be thus stated: Stephen. Yaugine, son of .Francis Yaugine, deceased, died intestate, in Jefferson -county, in this State, in or about-the year 1831, seized and .possessed both of real and personal estate, and leaving him surviving a widow named Matilda — who is one of the defendants — and an only child, named Joseph, an infant offender years. Matilda, the widow -of Stephen and mother of Joseph, afterwards married Joseph J. Marshall, who is another one of the defendants.…
2Cited by3 opinions
- CarLee v. EllsberrySupreme Court of Arkansas · 1907
- Chastain v. LarneySupreme Court of Oklahoma · 1928
- Jarvis v. GoforthSupreme Court of Oklahoma · 1930