Penix v. Rice
Supreme Court of Arkansas
Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; 'Appellee cannot rely on her deed, because it shows on its face that it is absolutely void. 77 Ark. 576; 56 Ark. 172; 59 Ark. 172; Id. 460; 69 Ark. 532; Id. 357. Fraud is a question of law when the facts are undisputed. 2 Wend. 466; 20 Am. Dec. 635. In equity fraud may be inferred from circumstances. 33 Ark. 69. If one sells real estate and retains possession of it, it is a badge of fraud. 2 Ga. 1; 46 Am.
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Appeal from Boone Chancery Court; T. Haden Humphreys, Chancellor; 'Appellee cannot rely on her deed, because it shows on its face that it is absolutely void. 77 Ark. 576; 56 Ark. 172; 59 Ark. 172; Id. 460; 69 Ark. 532; Id. 357. Fraud is a question of law when the facts are undisputed. 2 Wend. 466; 20 Am. Dec. 635. In equity fraud may be inferred from circumstances. 33 Ark. 69. If one sells real estate and retains possession of it, it is a badge of fraud. 2 Ga. 1; 46 Am. Dec. 368; 14 Ark. 69. Evidence heard in the lower court without objection cannot be complained of here. 1 Ark. 228. Fraud…
1Opinion of the CourtHart, J.
This action was commenced in the Boone Chancery Court by Alforetta Rice against C. A. Penix and Joe E. Keef on the 19th day of March, 1909.
The complaint alleges that certain real estate in Boone County, Arkansas, was assessed for taxation as a part of the S. W. of the N. W. ¼ of Sec. 4, Twp. 20 N., R. 18 W., and as such was forfeited to the State for nonpayment of taxes. That on the 5th day of November, 1898, she purchased .the same from the State, and obtained a deed therefor from the Commissioner of State Lands. That she went into possession of same, and has continuously held possession of…
2Cases cited2 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Baldwin v. WilliamsSupreme Court of Arkansas · 1905
3Cited by1 opinion
- Price v. PriceSupreme Court of Arkansas · 1944