Russell v. May
Supreme Court of Arkansas
Appeal from Clark Circuit Court; JoEU D. Conway, Judge; Though the recording of a deed is prima facie evidence of its delivery, yet it is not conclusive, and may be overcome by positive evidence that there was, in fact, no delivery. 18 Law. Ed. U. S. Sup. Ct. Rep. 262; lb. 542; 19 N.-J. Eq. 357; 49 N. J. Eq. 510; 161 Mass. 381; 105 Mass. 560; 19 Col. 371; 2 Houston (Del.), 246; 185 111. 101; 150 Ind. 465; 2 Am. St. Rep. 72; 35 Am. Rep. 166; 7 lb. 554; 37 Am.
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Appeal from Clark Circuit Court; JoEU D. Conway, Judge; Though the recording of a deed is prima facie evidence of its delivery, yet it is not conclusive, and may be overcome by positive evidence that there was, in fact, no delivery. 18 Law. Ed. U. S. Sup. Ct. Rep. 262; lb. 542; 19 N.-J. Eq. 357; 49 N. J. Eq. 510; 161 Mass. 381; 105 Mass. 560; 19 Col. 371; 2 Houston (Del.), 246; 185 111. 101; 150 Ind. 465; 2 Am. St. Rep. 72; 35 Am. Rep. 166; 7 lb. 554; 37 Am. Dec. 135; 14 lb. 369; 63 lb. 235; 31 lb. 563; 13 L. R. A. 716; 65 S. W. 973; Tiedeman on Real Prop. § 812. , Actual manual delivery is…
1Opinion of the CourtBattle, J.
John Russell, William Russell, Frank Russell, and Walter G. Russell brought an action against Charlie May, Lula May, -John'Bell, and Martha Bell, to recover possession of certain lands. They allege that William Russell was the owner of the lands in his lifetime; and that he died intestate on the 31st day of January, 1900, leaving them his only heirs, and.Malissa Russell, his widow, him surviving; and that Malissa Russell died sometime in September, 1900.
The defendants answered, and denied that the plaintiffs are the owners of the lands, or entitled to the possession thereof; and alleged that…
2Cited by24 opinions
- Graham v. SuddethSupreme Court of Arkansas · 1911
- Shane v. DicksonSupreme Court of Arkansas · 1914
- Faulkner v. FeazelSupreme Court of Arkansas · 1914
- Lancaster v. MAY, AS ADMINISTRATOROregon Supreme Court · 1952
- Stephens v. StephensSupreme Court of Arkansas · 1913
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