McNutt v. McNutt
Supreme Court of Arkansas
Appeal from Miller Chancery Court. James D. Shaver, Judge. The deposition of Rachel McNutt should have been stricken out. 53 Ark. 279; 55 Ark. 235. A court of equity will not rescind a contract on the ground of fraud, unless the fraud is clearly established. 8 How. 134; 37 Ark. 145; 38 Ark. 419; 55 Ark. 148; 94 U. S. 207; 16 Atl. 640. The findings of the chancellor are against the preponderance of the evidence. 43 Ark. 307; 50 Ark. 185; 34 Ark. 112. The findings of the…
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Appeal from Miller Chancery Court. James D. Shaver, Judge. The deposition of Rachel McNutt should have been stricken out. 53 Ark. 279; 55 Ark. 235. A court of equity will not rescind a contract on the ground of fraud, unless the fraud is clearly established. 8 How. 134; 37 Ark. 145; 38 Ark. 419; 55 Ark. 148; 94 U. S. 207; 16 Atl. 640. The findings of the chancellor are against the preponderance of the evidence. 43 Ark. 307; 50 Ark. 185; 34 Ark. 112. The findings of the chancellor are supported by a preponderance of the evidence, and are conclusive. 67 Ark. 287; 68 Ark. 134, 314; 71 Ark. 605.…
1Opinion of the CourtRiddick, J.
This is an action by a son and a daughter against their mother to cancel a deed executed by them conveying to her two lots in the city of Texarkana and the improvements thereon, on the ground that the conveyance was procured through fraud. The facts are that one A. B. McNutt purchased the two lots mentioned, paying $200 cash and agreeing to pay a balance of $600 in installments of $25 each. His wife, Mrs. Margaret A. McNutt, the defendant in this action, claims that she paid all of the purchase money except the $200 paid by her husband in cash. By the consent of herself and her husband, their…
2Cases cited3 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- Tillar v. HenrySupreme Court of Arkansas · 1905
- Ammonette v. BlackSupreme Court of Arkansas · 1904
3Cited by2 opinions
- Adkins v. HoskinsSupreme Court of Arkansas · 1928
- Fenter v. First Natl. Bk. of MalvernSupreme Court of Arkansas · 1930