Sharp v. Oates

Hart, C. J.,

(after stating the facts). The record shows that the appellants are the collateral heirs of Lela Van Winkle, deceased, and are entitled to whatever estate she left. At the outset it may be stated that the right to cancel a deed obtained from the grantor by mistake, fraud, duress or undue influence descends to the heirs, if it exists in the ancestor, unimpaired at the time of his death. Reaves v. Davidson, 129 Ark. 88, 195 S. W. 19; case-note to 2 A. L. R. at p. 431; and note to 33 A. L. R. at p. 53.

This brings us to a consideration of the merits of the case. To invalidate a deed…