McKneely v. Terry
Supreme Court of Arkansas
Appeal from Miller Circuit Court in Chancery. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. Plaintiffs, Mollie C. Terry and John D. Trigg, as the only heirs of John P. Dickson, deceased, seek to cancel a deed executed by him to Samuel W. McKneely to what is known as the “John Dickson place” in Miller county, Ark.
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Appeal from Miller Circuit Court in Chancery. Rufus D. Hearn, Judge. STATEMENT BY THE COURT. Plaintiffs, Mollie C. Terry and John D. Trigg, as the only heirs of John P. Dickson, deceased, seek to cancel a deed executed by him to Samuel W. McKneely to what is known as the “John Dickson place” in Miller county, Ark. They say that said deed was procured through fraud and undue influence of McKneely, and that he, on being charged with the fraud, entered into a written obligation in 1869 with David H. Dickson, by which he was to convey said place to the heirs of John P. Dickson, to-wit: David H.…
1Opinion of the Court
Wood, J.,
(after stating the facts). The questions are : First. Was the deed from John P. Dickson to McKneely void for fraud and undue influence ? Second. Did Samuel W. McKneely, in 1869, execute deeds to David H. Dickson and John D. Trigg to an undivided one-third in the lands in controversy? And did he enter into a written obligation with David H. Dickson, at the same time, by which he (McKneely) was to retain possession of the entire place for three years, and at the end of which time he was to surrender to the heirs; and was this agreement fulfilled ? Third. If plaintiffs, Mollie C. Terry…
2Cases cited34 opinions
- Bailey v. GloverSupreme Court of the United States · 1875
- Rosenthal v. WalkerSupreme Court of the United States · 1884
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Kilbourn v. SunderlandSupreme Court of the United States · 1889
- Kirby v. Lake Shore & Michigan Southern RailroadSupreme Court of the United States · 1887
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