Gibson v. Johnson
Supreme Court of Arkansas
Appeal from Washington Chancery Court; B. F. Mc-Mahan, Chancellor; 1. There is a complete failure of proof by any competent evidence that any mistake was made in the deed of February 23, 1895. 2. If there were such competent proof, it fails to show clearly a mistake. 3. Plaintiff failed to show any equity that entitled him to prosecute his action against his sister, Cynthia Gibson. 4. The court was without jurisdiction to grant the relief prayed for or any other. 5. The…
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Appeal from Washington Chancery Court; B. F. Mc-Mahan, Chancellor; 1. There is a complete failure of proof by any competent evidence that any mistake was made in the deed of February 23, 1895. 2. If there were such competent proof, it fails to show clearly a mistake. 3. Plaintiff failed to show any equity that entitled him to prosecute his action against his sister, Cynthia Gibson. 4. The court was without jurisdiction to grant the relief prayed for or any other. 5. The decree is not supported by-the allegations or the proof. 132 Ark. 227; 200 S. W. 139. There was no competent evidence to…
1Opinion of the CourtSmith, J.
In 1895, Thomas J. Johnson and his wife executed to their daughter, Mrs. Cynthia Gibson, a deed to one hundred acres of land. This deed described the east half southwest quarter northeast quarter, section 19, township 18 north, range 28 west. On March 12,1918, the same grantors executed to their son, W. W. Johnson, a deed to one hundred and ninety acres of land, and in this deed included the twenty acres above described. Notwithstanding the fact that the twenty acres was described in both deeds, the grantor did not deliver possession to either his son or his daughter, but retained possession…
2Cases cited1 opinion
- Jones v. McNealySupreme Court of Alabama · 1903
3Cited by5 opinions
- Hazlett v. BryantTennessee Supreme Court · 1951
- Laundreville v. MeroMontana Supreme Court · 1929
- Cleveland v. BiggersSupreme Court of Arkansas · 1924
- Dowding v. DowdingNebraska Supreme Court · 1949
- Hayes v. GordonSupreme Court of Arkansas · 1950