Tobin v. Spann
Supreme Court of Arkansas
Appeal from Mississippi Chancery Court; Edzvard D. Robertson, Chancellor; STATEMENT by the court. The complaint alleges that A. W. Tobin died in 1898, leaving his widow together with the three plaintiffs and two older children; that he owned the land involved in the suit; that on the 27th day of May, 1899, plaintiffs, Charley Tobin and Mary Hayes, conveyed their interest in said land to defendant, Spann, for $132 per share that at the January term, 1900, the probate court of…
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Appeal from Mississippi Chancery Court; Edzvard D. Robertson, Chancellor; STATEMENT by the court. The complaint alleges that A. W. Tobin died in 1898, leaving his widow together with the three plaintiffs and two older children; that he owned the land involved in the suit; that on the 27th day of May, 1899, plaintiffs, Charley Tobin and Mary Hayes, conveyed their interest in said land to defendant, Spann, for $132 per share that at the January term, 1900, the probate court of said county made an order authorizing and directing J. F. Morrow to sell the interest of Holland Tobin in said land;…
1Opinion of the Court
Hart, J.,
(after stating the facts). The clear preponderof the evidence in the case shows that Mary Hayes and Charles Tobin were minors at the time the deed sought to be disaffirmed was executed. There is testimony adduced tending to show that, at the date of the execution of the deed, their appearance indicated that they were of full age, and that they, together with their mother and older brother, represented themselves to appellee to be of full age. It' is not contended now by appellee that this testimony meets or overcomes the evidence adduced by appellant tending to show that appellants…
2Cases cited5 opinions
- Sims v. EverhardtSupreme Court of the United States · 1880
- State v. HolmesSupreme Court of Minnesota · 1896
- Fox v. DrewrySupreme Court of Arkansas · 1896
- Stull v. HarrisSupreme Court of Arkansas · 1888
- Alvey v. ReedIndiana Supreme Court · 1888
3Cited by13 opinions
- Myers v. Hurley Motor Co.Supreme Court of the United States · 1927
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Beauchamp v. BertigSupreme Court of Arkansas · 1909
- Rowe v. AllisonSupreme Court of Arkansas · 1908
- Arkansas Reo Motor Car Co. v. GoodlettSupreme Court of Arkansas · 1924
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