McEvoy v. Tucker
Supreme Court of Arkansas
Appeal from. Pulaski Chancery Court; John E. Martinecm-, Chancellor; STATEMENT BY THE COURT. On the 24th -day of September, 1912, appellee O. D. Tucker purchased from H. D. Parker lot 3, of block 72, in the city of Little Rock, for a consideration expressed in •the deed of “$1.00 and other considerations,” but which was in fact $7,500. Parker was an unmarried man and his deed was a warranty deed in common form, and this suit was brought to cancel that deed on account of his…
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Appeal from. Pulaski Chancery Court; John E. Martinecm-, Chancellor; STATEMENT BY THE COURT. On the 24th -day of September, 1912, appellee O. D. Tucker purchased from H. D. Parker lot 3, of block 72, in the city of Little Rock, for a consideration expressed in •the deed of “$1.00 and other considerations,” but which was in fact $7,500. Parker was an unmarried man and his deed was a warranty deed in common form, and this suit was brought to cancel that deed on account of his mental incapacity at the time of its execution. There was an .allegation in the complaint that fraud had been practiced…
1Opinion of the Court
Smith, J.,
(after stating the facts). (1) The decision of this case turns upon the question of fact as to whether or not the chancellor’s finding is contrary to the clear preponderance of the evidence; and we have concluded that it is. The test of mental capacity to execute a deed was stated by Justice Riddick in' the case of Seawel v. Dirst, 70 Ark. 166, in which case it was said: “It follows, therefore, that the proof which is designed to invalidate a man’s deed or contract on the ground of insanity must show inability to exercise a reasonable judgment in regard to the matter involved in the…
2Cases cited2 opinions
- Kelly's Heirs v. McGuireSupreme Court of Arkansas · 1855
- Seawel v. DirstSupreme Court of Arkansas · 1902
3Cited by22 opinions
- Pledger v. BirkheadSupreme Court of Arkansas · 1923
- Donaldson v. JohnsonSupreme Court of Arkansas · 1962
- Watson v. AlfordSupreme Court of Arkansas · 1974
- Brewster v. WestonMassachusetts Supreme Judicial Court · 1920
- Petree v. PetreeSupreme Court of Arkansas · 1947
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