Williams v. Williams
Supreme Court of Arkansas
Appeal from Prairie Chancery Court, Northern District; John M. Elliott, Chancellor; 1. The parol agreement, if any, made by appellee and deceased was within the statute of frauds. This is a question of fact, and it must appear by an affirmative preponderance of the evidence that the agreement was made. Appellee failed.
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Appeal from Prairie Chancery Court, Northern District; John M. Elliott, Chancellor; 1. The parol agreement, if any, made by appellee and deceased was within the statute of frauds. This is a question of fact, and it must appear by an affirmative preponderance of the evidence that the agreement was made. Appellee failed. Strict proof is required. 11 Enc. of Ev., 943; 39 Ark. 429; 44 Id. 340, 2. While this may be a question of fact, the chancellor’s decision is persuasive merely, not final. The evidence is such that his findings should be reversed. 3. Appellee did not perform his part of the…
1Opinion of the CourtMcCulloch, C. J.
Sanders Williams, an aged negro, who died in the latter part of the year 1913, owned and resided upon a small tract of farm land in Prairie County, Arkansas, and also owned several horses and mules and some cattle. He was seventy years of age when he died, and had been very feeble for several years, according to the testimony in the case, and was unable to do very much work in the cultivation of the crops or otherwise. He died unmarried and without issue. The plaintiff, Jake Williams, Jr., was a nephew of Sanders Williams, and after the latter’s death he instituted this action in the chancery…
2Cases cited3 opinions
- Fred v. AsburySupreme Court of Arkansas · 1912
- Naylor v. SheltonSupreme Court of Arkansas · 1912
- Hinkle v. HinkleSupreme Court of Arkansas · 1892
3Cited by24 opinions
- Alma v. Steele, Individually and as of the Estate of Charles F. Steele, Deceased v. Lelia M. McCargoCourt of Appeals for the Eighth Circuit · 1958
- Henderson v. FisherCalifornia Court of Appeal · 1965
- Janes v. RogersSupreme Court of Arkansas · 1954
- Jensen v. Housley, AdministratorSupreme Court of Arkansas · 1944
- Walk v. BarrettSupreme Court of Arkansas · 1928
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