Maxwell v. Maxwell
Supreme Court of Arkansas
Appeal from Independence Chancery Court; G. T. Humphries, Chancellor; STATEMENT by the court. This action was instituted by appellee against appellant to-cancel a deed to certain lots in Charleston’s Addition to the town of Batesville. Appellant was the son- of appellee. She -set forth-certain facts whi-ch she alleged constituted fraud, -deceit, misrepresentation and undue influence on the part of appellant by which she was induced to sign the deed.
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Appeal from Independence Chancery Court; G. T. Humphries, Chancellor; STATEMENT by the court. This action was instituted by appellee against appellant to-cancel a deed to certain lots in Charleston’s Addition to the town of Batesville. Appellant was the son- of appellee. She -set forth-certain facts whi-ch she alleged constituted fraud, -deceit, misrepresentation and undue influence on the part of appellant by which she was induced to sign the deed. The appellee further alleged that the deed was never “in fact delivered” to appellant; “that she left it with the notary to be delivered to Chas.…
1Opinion of the Court
Wood, J.,
(after stating the facts). It is not necessary to determine whether or not the court erred in finding that appellant had induced appellee to sign the deed through misrepresentation and deceit, or by undue influence over her, for we are of the opinion that the evidence does not show that the deed was delivered to appellant, and therefore the judgment of the court cancelling the deed must be affirmed.
The testimony of appellant and appellee shows clearly that it was not the intention of either that the deed should be delivered to appellant so as to give him the control over the deed and…
2Cases cited1 opinion
- Cribbs v. WalkerSupreme Court of Arkansas · 1905
3Cited by11 opinions
- Snodgrass v. SnodgrassSupreme Court of Oklahoma · 1924
- Van Huss v. WootenSupreme Court of Arkansas · 1945
- Bray v. BraySupreme Court of Arkansas · 1918
- Cavett v. PettigrewSupreme Court of Arkansas · 1930
- Ransom v. RansomSupreme Court of Arkansas · 1941
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