Sutton v. Sutton
Supreme Court of Arkansas
Appeal from Pike Chancery Court; James D. Shaver, Chancellor; 1. The chancellor misconceived the grounds upon which relief was sought, as shown in his opinion, even if the writing was á deed the grantee takes upon a condition subsequent and upon breach the grantor is entitled to declare a forfeiture. 91 Ark. 407. The remedy at law in cases like this is inadequate, and resort is properly in chancery.
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Appeal from Pike Chancery Court; James D. Shaver, Chancellor; 1. The chancellor misconceived the grounds upon which relief was sought, as shown in his opinion, even if the writing was á deed the grantee takes upon a condition subsequent and upon breach the grantor is entitled to declare a forfeiture. 91 Ark. 407. The remedy at law in cases like this is inadequate, and resort is properly in chancery. There was error in the first place in assuming that this was a suit to defeat the deed. The. conveyance was valid and if the grantee had performed his undertaking it would be upheld now. 125 Ark.…
1Opinion of the CourtHumphreys, J.
This suit was instituted on the 18th day of April, 1919, in the Pike Chancery Court, by appellants against appellees, to cancelan instrument of record, purporting to be a deed from appellants to James N. Sutton, because (1) the consideration failed, and (2) the instrument constituted a testamentary disposition of their property, revocable at their will. In substance it was alleged in the bill that appellants’ son, James N. Sutton, the deceased husband of Etta A. Sutton and father of the other appellees, in his lifetime procured a deed for record from appellants, purporting to convey sixty…
2Cases cited3 opinions
- Davis v. JerniganSupreme Court of Arkansas · 1903
- Hampton v. HanelineSupreme Court of Arkansas · 1916
- Wallace v. MeeksSupreme Court of Arkansas · 1911
3Cited by10 opinions
- United Building & Loan Ass'n v. GarrettDistrict Court, W.D. Arkansas · 1946
- Worley v. Empire Gas & Fuel Co.Texas Supreme Court · 1937
- Reynolds v. BaldingSupreme Court of Arkansas · 1931
- Sprunger v. EnsleyMichigan Supreme Court · 1920
- Westover v. HarrisNew Mexico Supreme Court · 1943
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