Boggianna v. Anderson
Supreme Court of Arkansas
Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; The undisputed facts, Raggio’s age, his weakened physical and mental condition, defendant’s daily and constant intimate attendance upon and association with him, and her supervision over him and every detail of his business affairs, remove the prima facie presumption that the deed was his voluntary act, free from undue influence, and impose upon her the burden of establishing the legal integrity of the…
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Appeal from Lee Chancery Court; Edward D. Robertson, Chancellor; The undisputed facts, Raggio’s age, his weakened physical and mental condition, defendant’s daily and constant intimate attendance upon and association with him, and her supervision over him and every detail of his business affairs, remove the prima facie presumption that the deed was his voluntary act, free from undue influence, and impose upon her the burden of establishing the legal integrity of the conveyance. 29 Am. & Eng. Enc. Law, 120, 121 and cases cited; 67 Ala. 368; 62 Ala. 347; 3 Baxter (Tenn.), 283; 4 Ib. 41; 63 N.…
1Opinion of the Court
Him,, C. J.
Dominic Raggio left his native village of Borzonasca, Italy, in 1851, and came to the United States. He served as a soldier in the civil war, and not a great while after the close of the war he settled in Dee County, Arkansas, where he resided until his death on the 8th of January, 1901, at the age of 78 years. He was of more than average intelligence, and through industry and frugality gathered an estate yielding an income of about $1,600 per annum, estimated to be worth from $12,000 to $15,000. His estate consisted of 371 acres of land, of which 160 or 170 were in cultivation,…
Also in this document: Dissent.
2Cases cited1 opinion
- McCulloch v. CampbellSupreme Court of Arkansas · 1887
3Cited by14 opinions
- Pledger v. BirkheadSupreme Court of Arkansas · 1923
- Pyle v. SayersSupreme Court of Arkansas · 2001
- Hodges v. CannonCourt of Appeals of Arkansas · 1999
- Wood v. WoodSupreme Court of Arkansas · 1911
- Pyle v. SayersCourt of Appeals of Arkansas · 2000
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