Dawkins v. Petteys
Supreme Court of Arkansas
Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. The appellants, the widow and heirs of T. P. Dawkins, instituted this suit in the Drew Chancery Court on November 5, 1913, against the ¡appellee to cancel a deed dated July 28, 1910, and recorded October 3, 1910. The deed appears on its face to have been signed by T. P. Dawkins, by his mark, ¡and witnessed by E. J. Petteys.
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Appeal from Drew Chancery Court; Zachariah T. Wood, Chancellor; STATEMENT BY THE COURT. The appellants, the widow and heirs of T. P. Dawkins, instituted this suit in the Drew Chancery Court on November 5, 1913, against the ¡appellee to cancel a deed dated July 28, 1910, and recorded October 3, 1910. The deed appears on its face to have been signed by T. P. Dawkins, by his mark, ¡and witnessed by E. J. Petteys. The deed appears on its face to have been signed by Annie Dawkins. The deed purported to be a warranty deed from T. P. Dawkins and wife, Annie, to E. J. Petteys, conveying to him a…
1Opinion of the Court
Wood, J.,
(after stating the facts). I. (1) If Dawkins executed the deedto the appellee, it was good between the parties and passed the title to appellee, and Dawkins ’ heirs cannot set it aside. Floyd v. Ricks, 14 Ark. 286; Stirman v. Cravens, 29 Ark. 548; Jackson v. Allen, 30 Ark. 110; Griesler v. McKennon, 44 Ark. 520; McKneely v. Terry, 61 Ark. 527; 1 R. C. L., p. 257. The only issue, therefore, between the heirs of Dawkins and the appellee was whether or not Dawkins had executed the deed. Both parties in their pleadings ask for affirmative relief. The appellants ask that the deed be…
2Cases cited20 opinions
- Green v. AbrahamSupreme Court of Arkansas · 1884
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Devereux v. . McMahonSupreme Court of North Carolina · 1891
- Floyd v. RicksSupreme Court of Arkansas · 1853
- Meyer v. GossettSupreme Court of Arkansas · 1882
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- In Re JenkinsUnited States Bankruptcy Court, E.D. Arkansas · 2010
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