Legal Opinion

Ritter v. Board of Directors

Supreme Court of Arkansas

Decided April 2, 1917PublishedCited by 1 opinion

Appeal from Craighead Chancery Court; Charles D. Frierson, Chancellor; 1. The evidence justified the reformation of the deeds. There was a contract for ,a fee simple title and warranty deeds. There was a mutual mistake which a court of equity should correct. 98 Ark. 23; 51 Id. 390; • 13 Id. 129; 28 L. R. A. (N. S.) 785, and notes; Pomeroy, Eq. Jur., § § 843-5; 49 Ark. 425; 46 Id. 167. 2. The levee board had the power and right to execute warranty deeds.

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Appeal from Craighead Chancery Court; Charles D. Frierson, Chancellor; 1. The evidence justified the reformation of the deeds. There was a contract for ,a fee simple title and warranty deeds. There was a mutual mistake which a court of equity should correct. 98 Ark. 23; 51 Id. 390; • 13 Id. 129; 28 L. R. A. (N. S.) 785, and notes; Pomeroy, Eq. Jur., § § 843-5; 49 Ark. 425; 46 Id. 167. 2. The levee board had the power and right to execute warranty deeds. Acts 1893, p. 172; 79 Ark. 14. The president had the right to execute the conveyances and the board was bound when the title failed. 79 Ark.…

1Opinion of the CourtMcCulloch, C. J.

Appellants purchased from tbe board of directors of St. Francis Leveee District on April 4, 1906, certain large tracts of land situated in Mississippi and Poinsett counties, and tbe president of said levee district executed to appellants on that date two deeds conveying to appellants and their heirs and assigns forever “all of tbe right, title and interest of said body politic and corporate in and to” tbe real estate described. Tbe deeds recited tbe consideration to be paid in cash. Tbe lands described in tbe deed were unsurveyed swamp lands which bad never been patented to the State by tbe…

2Cases cited4 opinions

  1. Carson v. St. Francis Levee DistrictSupreme Court of Arkansas · 1894
  2. Altheimer v. Board of Directors of Plum Bayou Levee DistrictSupreme Court of Arkansas · 1906
  3. Board of Directors v. Cottonwood Lumber Co.Supreme Court of Arkansas · 1908
  4. Board of Directors of St. Francis Levee District v. MyersSupreme Court of Arkansas · 1906

3Cited by1 opinion

  1. Blanton v. Jonesboro Building & Loan Ass'nSupreme Court of Arkansas · 1928

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