Legal Opinion

Priest v. Murphy

Supreme Court of Arkansas

Decided January 15, 1912PublishedCited by 19 opinions

Appeal from Little River Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Plaintiffs, appellants, filed a complaint in the Little River Chancery Court against R. H. Murphy and other defendants, alleging that they are the sons and sole heirs-at-law of J. M. Priest, deceased, who died in 1894; that said J. M. Priest, their father, on or about the 18th day of September, 1893, being the owner of a five-ninths interest in the northeast quarter, section 22,…

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Appeal from Little River Chancery Court; James D. Shaver, Chancellor; STATEMENT BY THE COURT. Plaintiffs, appellants, filed a complaint in the Little River Chancery Court against R. H. Murphy and other defendants, alleging that they are the sons and sole heirs-at-law of J. M. Priest, deceased, who died in 1894; that said J. M. Priest, their father, on or about the 18th day of September, 1893, being the owner of a five-ninths interest in the northeast quarter, section 22, township 12 north, range 32 west, executed a warranty deed conveying same to R. H. Murphy, reciting the following…

1Opinion of the Court

Kirby, J.,

(after stating'the facts). The father of appellants conveyed the interest in these lands to R. H. Murphy, in consideration of the sum of one dollar, and the further consideration that he was to clothe, board, raise and care for his three boys, William Martin, Gus Evans and Rasnus Abraham, aged, respectively, seven, five and four years, until they arrived at the age of twenty-one years, by a general warranty, without condition or limitation.

It is contended by appellants that, the consideration of the deed having failed, it being alleged, and by the demurrer admitted, that the grantee…

2Cases cited2 opinions

  1. Salyers v. SmithSupreme Court of Arkansas · 1900
  2. Whittaker v. TrammellSupreme Court of Arkansas · 1908

3Cited by19 opinions

  1. Collins, Et Ux. v. McKelvainSupreme Court of Florida · 1939
  2. Edwards v. LockeSupreme Court of Arkansas · 1918
  3. Anders v. AndersSupreme Court of Florida · 1940
  4. Cannon v. OwensSupreme Court of Arkansas · 1955
  5. Long v. LongSupreme Court of Arkansas · 1912

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