Howard v. Howard
Supreme Court of Arkansas
Appeal from Union Chancery Court; J. Y. Stevens, Chancellor; The evidence is not sufficient to establish a resulting trust in D. C. Howard for the benefit of his wife, Prances C. Howard. 11 Ark. 82; 44 Ark. 3-65; 89 Ark. 186; 111 Ark. 49; 75 Ark. 452. The deed from D. C. Howard to his wife should be regarded as a voluntary conveyance, notwithstanding the recited consideration of one dollar. .98 N C. 426; 2 Am. S. E. 342; 30 Miss. 91; 64 Am. Dec. 148; 8 Am.
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Appeal from Union Chancery Court; J. Y. Stevens, Chancellor; The evidence is not sufficient to establish a resulting trust in D. C. Howard for the benefit of his wife, Prances C. Howard. 11 Ark. 82; 44 Ark. 3-65; 89 Ark. 186; 111 Ark. 49; 75 Ark. 452. The deed from D. C. Howard to his wife should be regarded as a voluntary conveyance, notwithstanding the recited consideration of one dollar. .98 N C. 426; 2 Am. S. E. 342; 30 Miss. 91; 64 Am. Dec. 148; 8 Am. Dec. 152. Since the consideration recited is merely nominal and was not in fact paid, and love and affection is recited as the…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted originally by Frances C. Howard, one of the appellees, against appellant and the other children and heirs at law of her deceased husband by a former marriage, to reform a deed conveying a certain tract of land in Union County. Appellant and the other defendants were non-residents of the State, and were summoned by warning order, and did not appear at the trial.
The action was begun in the year 1919, and at the September term, 1919, of the Union Chancery Court a final decree was rendered reforming the conveyance in accordance with the prayer of the complaint.…
2Cases cited10 opinions
- McGuigan v. GainesSupreme Court of Arkansas · 1903
- J. H. Magill Lumber Co. v. Lane-White Lumber Co.Supreme Court of Arkansas · 1909
- Carmack v. LovettSupreme Court of Arkansas · 1884
- Lawrence v. MahoneySupreme Court of Arkansas · 1920
- Smith v. SmithSupreme Court of Arkansas · 1906
5 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Wells v. SmithSupreme Court of Arkansas · 1939
- Guinn v. HolcombeCourt of Appeals of Arkansas · 1989
- Sewell v. HarkeySupreme Court of Arkansas · 1943
- Tunstill v. J. T. Fargason Co.Supreme Court of Arkansas · 1923
- Sewell v. HarkeySupreme Court of Arkansas · 1943
1 more not listed; retrieve them via the Exa API.