Whittaker v. Trammell
Supreme Court of Arkansas
Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; STATEMENT BY THE COURT. This is a suit brought by appellees as the heirs at law of Thomas P. Whittaker, Sr., deceased, against appellant in the Sebastian Chancery Court to cancel and set aside a deed executed by Thomas Whittaker, Sr., and wife to appellant, Thomas Whittaker, Jr. The grounds upon which the relief is based are duress and undue influence.
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Appeal from Sebastian Chancery Court; J. Virgil Bourland, Chancellor; STATEMENT BY THE COURT. This is a suit brought by appellees as the heirs at law of Thomas P. Whittaker, Sr., deceased, against appellant in the Sebastian Chancery Court to cancel and set aside a deed executed by Thomas Whittaker, Sr., and wife to appellant, Thomas Whittaker, Jr. The grounds upon which the relief is based are duress and undue influence. The undisputed facts are that Thomas Whittaker, Sr., and wife Executed a deed to their homestead to Thomas Whittaker, Jr., in May, 1901. The consideration expressed in the…
1Opinion of the CourtHart, J.
(after stating the facts). The allegations of the complaint that the execution of the deed was procured by duress or undue influence were not sustained by the evidence. The chancellor did not so find. He seems to have proceeded upon the theory that the estate of Thomas Whittaker, Jr., was liable to be defeated in his lifetime upon condition of his failure to support his mother, and also that there is a possibility of reversion in the heirs of Thomas Whittaker, Sr., if Thomas Whittaker, Jr., should die in the lifetime of his mother.. Upon the first proposition, the law is that where the…
2Cases cited1 opinion
- Salyers v. SmithSupreme Court of Arkansas · 1900
3Cited by11 opinions
- Priest v. MurphySupreme Court of Arkansas · 1912
- Walk v. BarrettSupreme Court of Arkansas · 1928
- Goodwin v. TysonSupreme Court of Arkansas · 1925
- Fisher v. SellersSupreme Court of Arkansas · 1949
- Cole v. SalyersSupreme Court of Arkansas · 1934
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