O'Neal v. Judsonia State Bank
Supreme Court of Arkansas
Appeal from White Chancery Court; John E. Martmeau, Chancellor; statement by the court. Appellants filed their bill in equity setting up that W. B. O’Neal and G-. M. O’Neal owned an undivided two-thirds interest in certain lands in White County, Arkansas, therein described, and an undivided three-fourths interest in certain other lands; that Dona O’Neal was the wife of E. E. O’Neal.
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Appeal from White Chancery Court; John E. Martmeau, Chancellor; statement by the court. Appellants filed their bill in equity setting up that W. B. O’Neal and G-. M. O’Neal owned an undivided two-thirds interest in certain lands in White County, Arkansas, therein described, and an undivided three-fourths interest in certain other lands; that Dona O’Neal was the wife of E. E. O’Neal. That there were of record in said county, mortgages upon said lands, or part of them, purporting to have been executed by ,E. E. O’Neal and his wife, Dona O’Neal, W. B. O’Neal and his wife, Grace O’Neal, and G. M.…
1Opinion of the Court
Smith, J.,
(after stating the facts). The evidence is in irreconcilable conflict. Appellants deny that they either signed or acknowledged the instruments sought to be foreclosed, but they admit this is the only question in the case. There is evidence, however, of an admission of the execution of the instruments in question, of a character, so positive, as to preclude any idea that the witness is mistaken in saying that he heard the admissions made. And there is some evidence which corroborates, and other evidence which contradicts, the statements of these witnesses and leaves the issue in some…
2Cases cited6 opinions
- Ward v. StarkSupreme Court of Arkansas · 1909
- Watson v. BillingsSupreme Court of Arkansas · 1881
- Vines v. ClingfostSupreme Court of Arkansas · 1860
- Jacks v. GreenhawSupreme Court of Arkansas · 1912
- Goodman v. PareiraSupreme Court of Arkansas · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Jolley v. MeekSupreme Court of Arkansas · 1932
- Phillips v. PhillipsSupreme Court of Arkansas · 1942
- Terry v. Rice (In re Cheqnet Systems, Inc.)United States Bankruptcy Court, E.D. Arkansas · 2000
- Meriwether-Graham-Oliver Co. v. Bank of CommerceDistrict Court, W.D. Tennessee · 1923