Legal Opinion

Giers v. Hudson

Supreme Court of Arkansas

Decided December 18, 1911PublishedCited by 15 opinions

Appeal from Ouachita Chancery Court; Zachariah T. Wood, Chancellor; 1. The demurrer to the answer was properly sustained, as the claims of appellee Hudson against his deceased wife’s estate were not legal, valid claims; and if they were, equity had no jurisdiction to allow judgments for them. 33 Ark. 727; 48 Ark. 544; 90 Id. 444. 2. If there was any consideration, it was grossly inadequate.

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Appeal from Ouachita Chancery Court; Zachariah T. Wood, Chancellor; 1. The demurrer to the answer was properly sustained, as the claims of appellee Hudson against his deceased wife’s estate were not legal, valid claims; and if they were, equity had no jurisdiction to allow judgments for them. 33 Ark. 727; 48 Ark. 544; 90 Id. 444. 2. If there was any consideration, it was grossly inadequate. If Hudson advanced or expended money, it was an advancement which 'the law presumes to be a gift. 36 Ark. 566, 586; 40 Ark. 67; 45 Id. 484; 48 Id. 17; 52 Id. 188; 63 Id. 374; 68 Id. 405; 70 Id. 145; 76 Id.…

1Opinion of the CourtMcCulloch, C. J.

On August 31, 1909, the plaintiff, Miss Berenice Hudson Giers, instituted this action in the chancery court of Ouachita County against her father, Dr. G. W. Hudson, of Camden, Arkansas, to cancel two deeds which sh'e and her brother, Woodland Hudson, had, on September 24, 1907, executed to her father, conveying to him their several interests in certain real estate formerly owned by their mother, Doctor Hudson's deceased wife, and in which Doctor Hudson had an interest as tenant by the curtesy. In his answer Doctor Hudson stated that one of the deeds was intended as a conveyance to him in…

2Cases cited7 opinions

  1. Towson v. MooreSupreme Court of the United States · 1899
  2. Jenkins v. PyeSupreme Court of the United States · 1838
  3. Martin v. MartinSupreme Court of Arkansas · 1911
  4. Pate v. JohnsonSupreme Court of Arkansas · 1854
  5. Reeder v. MeredithSupreme Court of Arkansas · 1906

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3Cited by15 opinions

  1. Hollowoa v. BuckSupreme Court of Arkansas · 1927
  2. Pfaff, Administratrix v. ClementsSupreme Court of Arkansas · 1948
  3. Bowen v. FrankSupreme Court of Arkansas · 1929
  4. Barnett v. BarnettSupreme Court of Arkansas · 1940
  5. Hawkins v. GraySupreme Court of Arkansas · 1917

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