Diver v. Friedheim
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court in Chancery. Hon. C. E. Mitchell Circuit Judge. The parol purchase from L. R.Meek by J. L. Meek was valid, as he paid purchase money, and was then entitled to possession and title. Carroll v. Wilson, 21 Ark. 32; MoNeal v. Jones 21 Ark. 279. Appellant’s deed should be canceled for fraud on his part, as he paid nothing for it, and had notice of the right of appellant.
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APPEAL from Ouachita Circuit Court in Chancery. Hon. C. E. Mitchell Circuit Judge. The parol purchase from L. R.Meek by J. L. Meek was valid, as he paid purchase money, and was then entitled to possession and title. Carroll v. Wilson, 21 Ark. 32; MoNeal v. Jones 21 Ark. 279. Appellant’s deed should be canceled for fraud on his part, as he paid nothing for it, and had notice of the right of appellant. Wynn v, Garland 19 Ark. 23; Sheilds v. Tramel et al. 19 Ark. 61; Cook v. Bronawgh 13 Ark. 183. The decree below should be reversed, even if the deed of appellee should not be canceled, because…
1Opinion of the CourtSmith, J.
Friedheim brought ejectment against Diver for W. £ N. E. £, E. N. W. £ and N. W. £ S. E. £ See. 17, T.12 S. R. 18 W. The evidences of his title consisted of a patent from the United States to Linzey Meek, made in the year 1881, but based upon an entry in 1860, and deeds of conveyance from the patentee and his wife to the plaintiff in 1880 and 1881..Diver’s chain of title was, 1st. A deed made in 1876 by Linzey Meek to one Donaldson for E. £ N. E. £, S. E. £ N. W. £ and N. W. £ S. E. £ of said section 17 ; 2d. An alleged lost deed from Donaldson to J. L. Meek; and 3d. A deed of J. L. Meek to…
2Cases cited5 opinions
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Railway Co. v. PrescottSupreme Court of the United States · 1873
- Price v. . MulfordNew York Court of Appeals · 1887
- Cunningham v. WilliamsSupreme Court of Arkansas · 1883
- Witherspoon v. DuncanSupreme Court of Arkansas · 1860
3Cited by4 opinions
- Olds v. Little Horse Creek Cattle Co.Wyoming Supreme Court · 1914
- Belcher v. HarrSupreme Court of Arkansas · 1910
- Ames v. AmesSupreme Court of Arkansas · 1906
- Tedford v. VaulxSupreme Court of Arkansas · 1931