Felton v. Leigh
Supreme Court of Arkansas
APPEAL from Lonoke Circuit Court, in Chancery. Hon. E. T. Vaughan, Judge. The evidence establishes fraud beyond question. Leigh, the principal defendant, though charged in the complaint and testimony with the grossest fraud and dishonesty, did not venture to testify in his own behalf, and this is a circumstance of great weight. See 107 ü. S., 868; 118 Mass., 96; Lawson on Pr. Ev., ¶. 180. The testimony fails to show any fraud on part of appellees.
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APPEAL from Lonoke Circuit Court, in Chancery. Hon. E. T. Vaughan, Judge. The evidence establishes fraud beyond question. Leigh, the principal defendant, though charged in the complaint and testimony with the grossest fraud and dishonesty, did not venture to testify in his own behalf, and this is a circumstance of great weight. See 107 ü. S., 868; 118 Mass., 96; Lawson on Pr. Ev., ¶. 180. The testimony fails to show any fraud on part of appellees. Appellee filed a sworn answer denying all the allegations of fraud charged, and it was not necessary for him to testify.
1Opinion of the CourtSmith, J.
Thomas G-. Harrison and his three married sisters had inherited from their father eighty acres of land. Their mother was also th"e owner in her own right of one hundred and twenty acres. With a view to provide her children with homes, the mother was willing to put her lands into hotchpot, and receive for her share a life estate in the part that should be allotted to her son. The two tracts contained five lots of forty acres each, lying contiguous, and were of the aggregate value of $1000, but were not susceptible of convenient division into four parts. Mrs. Eelton, one of the children,…
2Cases cited2 opinions
- Bowden v. JohnsonSupreme Court of the United States · 1883
- McDonough v. O'NielMassachusetts Supreme Judicial Court · 1873
3Cited by4 opinions
- Illinois Central Railroad v. HopkinsIllinois Supreme Court · 1902
- Broomfield v. BroomfieldSupreme Court of Arkansas · 1967
- Cady v. GuessSupreme Court of Arkansas · 1939
- Fuller v. HawkinsSupreme Court of Arkansas · 1895