Terry v. Taylor
Supreme Court of Arkansas
Appeal from St. Francis Chancery Court; A. L. , Hutchins, Chancellor; Under the deed from Terry to Mrs. Taylor a condition precedent was created and appellee only took a life estate in the Casteel place.
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Appeal from St. Francis Chancery Court; A. L. , Hutchins, Chancellor; Under the deed from Terry to Mrs. Taylor a condition precedent was created and appellee only took a life estate in the Casteel place. The condition precedent in the deed was never performed. 18 C. J. 354; 28 Ark. 48; 78 Id. 350. The words “legal heirs” as used in the will is held to mean legal representatives. 5 Words and Phrases, p. 4064. 1. The demurrer admits the truth of all the allegations of the complaint and answer, and the allegations show no interest or title in the appellants. The granting clause, followed by a…
1Opinion of the CourtMcCulloch, C. J.
On August 6, 1904, appellee, Mrs. Lorena Taylor, made an exchange with J. B. Terry of a farm in St. Francis County, known as the Casteel Place, which she held by devise under the last will and testament of E. C. Hughes, deceased, for certain property involved in this litigation, then owned by Terry. The parties executed deeds to each other for the several properties thus exchanged. The deed of appellee to Terry was in absolute form, conveying the Casteel place in fee simple, without restriction or condition. The granting clause in the deed of Terry to appellee read that the grantors “in…
2Cases cited5 opinions
- Maginnis v. Knickerbocker Ice Co.Wisconsin Supreme Court · 1901
- Bain v. ParkerSupreme Court of Arkansas · 1905
- Bonniwell v. MadisonSupreme Court of Iowa · 1898
- Sheppard v. ThomasSupreme Court of Arkansas · 1871
- Childress v. FosterSupreme Court of Arkansas · 1841
3Cited by6 opinions
- Goodwin v. TysonSupreme Court of Arkansas · 1925
- Metropolitan Park District v. Unknown Heirs of RigneyWashington Supreme Court · 1965
- Community of Priests of St. Basil v. ByrneTexas Commission of Appeals · 1923
- Jeffries v. State Ex Rel. Woodruff CountySupreme Court of Arkansas · 1950
- Sligh v. PlairSupreme Court of Arkansas · 1978
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