Carter v. McNeal
Supreme Court of Arkansas
Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. Appellees brought this action in the Benton Chancery Court to cancel two deeds, one executed by their father to their mothei, and the other executed by their mother to their sister, to a part of the lands embraced in the first deed.
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Appeal from Benton Chancery Court; T. Haden Humphreys, Chancellor; STATEMENT BY THE COURT. Appellees brought this action in the Benton Chancery Court to cancel two deeds, one executed by their father to their mothei, and the other executed by their mother to their sister, to a part of the lands embraced in the first deed. The first deed is asked to be cancelled because their father executed it with intent to defraud 'his creditors, and because it was not delivered to their mother. Charges of undue influence and want of mental capacity in the grantor are the grounds on which the second deed is…
1Opinion of the Court
Hart, J.,
(after stating the facts.) Appellees claim that the deed of Benjamin Ruddick to his wife was never delivered. The burden of proof to show this fact was upon appellees. Smith v. Stephens, 82 Ark. 50.
They adduced testimony in the court below to the effect that after his return from Texas Benjamin Ruddick told several persons that the deed (referring to the one executed to his wife) was of no effect because it had not been delivered'. That soon after his death his brother, two of his intimate friends and some of his children met to arrange a family settlement, and that the defendant…
2Cases cited2 opinions
- Ogden v. OgdenSupreme Court of Arkansas · 1894
- George Taylor Commission Co. v. BellSupreme Court of Arkansas · 1896
3Cited by7 opinions
- Holt v. HoltSupreme Court of North Carolina · 1950
- Wallace v. WallaceSupreme Court of Arkansas · 1929
- McDonald v. SmithSupreme Court of Arkansas · 1910
- Dawkins v. PetteysSupreme Court of Arkansas · 1915
- Woodruff v. MillerSupreme Court of Arkansas · 1947
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