Legal Opinion
Turner v. Todd
Supreme Court of Arkansas
Decided January 6, 1908PublishedCited by 4 opinions
Appeal from Ashley Chancery Court; James C. Norman, Chancellor; To justify the reformation of a deed on the ground of mistake, the proof must be clear, convincing and decisive, not only as to the contract actually made, but also as to the mutuality of the mistake, and this proof must establish a preponderance of the evidence. 55 Am. Rep. 577; 71 Ark. 614; 75 Ark. 72.
1Opinion of the CourtBattle, J.
“The complaint in this suit was filed in the Ashley Chancery Court December 20, 1904. It alleges that plaintiff is the son and only heir at law of Emanuel Todd, who died about six years ago, leaving him surviving, his wife, Minerva Todd, who died in September, 1904. That his father, Emanuel Todd, at the time of his death owned the E. of the N. W. J4 of Sec. 22, T. 17 S., R. 5 W., 80 acres. That after the death of his father he sold and intended to convey to Minerva Todd the S. yi of said 80 acres, being the S. E- M N. W. yi Sec. 22, T. 17 S., R. 5 W., but that in drawing the deed a mistake…
2Cases cited8 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Varner v. TurnerSupreme Court of Arkansas · 1907
- Tillar v. WilsonSupreme Court of Arkansas · 1906
- Marquette Timber Co. v. Chas. T. Abeles Co.Supreme Court of Arkansas · 1907
- Arkansas Mutual Fire Insurance v. WithamSupreme Court of Arkansas · 1907
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Wales-Riggs Plantations v. BanksSupreme Court of Arkansas · 1912
- Eureka Stone Co. v. RoachSupreme Court of Arkansas · 1915
- Johnson v. SteuartSupreme Court of Arkansas · 1911
- Wilson-Ward Co. v. Farmers' Union Gin Co.Supreme Court of Arkansas · 1910