Hildebrand v. Graves, (No. 57.)

• Court: Supreme Court of Arkansas
• Writing for the Court: Hart
• Citation: 275 S.W. 524
• Parties: HILDEBRAND et al. v. GRAVES et al.
• Decision Date: 15 June 1925
• Docket Number: (No. 57.)

275 S.W. 524 HILDEBRAND et al.
v.
GRAVES et al. (No. 57.) Supreme Court of Arkansas. June 15, 1925. Rehearing Denied with Modification October 5, 1925.

Page 525

Appeal from Ouachita Chancery Court; J. Y. Stevens, Chancellor.

Suit by Luther Graves and others against P. T. Hildebrand and others. Decree for plaintiffs, and defendants appeal. Reversed and remanded, with directions.

Luther Graves and others brought this suit in equity against P. T. Hildebrand and others to set aside certain deeds and oil and gas leases and quiet their title to 160 acres of land in Ouachita county, Ark.

The deeds and leases are sought to be set aside on the ground that the original deed whereby the plaintiffs conveyed the land to the defendant Hildebrand was a forgery and, also, on the ground that it was procured by fraud and false representations.

The answer denied the allegations of the complaint. The 160 acres of land in controversy is situated in the Smackover oil fields, and has become very valuable. The land was originally acquired as a homestead from the United States by Larkin Murphy in 1876. He died intestate in 1878, leaving his widow, Mary Murphy, and a minor son and daughter, named, respectively, Joe and Drucilla. Mary Murphy subsequently married a man named Graves, and had a son and two daughters by him, named respectively; Luther, Mary, and Martha. Mary Graves continued to live on the land as her homestead after her second marriage. In 1884 the probate court made an order vesting the title to the land in Mary Graves. The order recites that there are no debts against the estate, and that the aggregate value of the real and personal property of the estate is less than $300. The order further recites that the value of the land is $160, and that the title to the same be vested in Mary Graves, the widow of Larkin Murphy, and the wife of Willie Graves at the time the order was made. Drucilla Murphy grew up and married Willie Newton. Joe Murphy died, leaving a son, Ben Murphy, and there is some question as to whether he was a legitimate son. Mary Graves has continued to occupy the homestead, or a part of it, since the death of her husband. In the year 1905 Mary Graves conveyed to her son Luther Graves the west 40 acres of the land in question. Luther Graves was at that time 25 years old. His mother intended to convey to him the west 53 1/3 acres of the homestead, and in 1911 executed to him a second deed conveying this tract to him. At this time Drucilla was married, and lived on the middle 53 1/3-acre tract of the homestead. The mother still lived in the old home at the east end of the tract. Her two daughters Mary and Martha lived there with her. Martha married Henry Murphy in 1913, and her mother gave her the west half of the east 53 1/3 acres of the homestead. Martha and her husband built a house on the tract given them, and they have lived there ever since. Mary Graves made her deed to said tract in May, 1922. In 1913 Mary married a man named Roper, and her mother gave her the east half of the east 53 1/3 acres of the homestead. A new house near the old homestead was built for Mary, and she and her husband moved into it and have lived there ever since. Afterwards Mary Graves moved into the house with her daughter, Mary Roper, and lived with her. The husband of Mary Roper died, and she afterwards married a man named Dawn, and is now Mary Roper Dawn. In 1897 Mary Graves conveyed the middle 53 1/3 acres of the homestead to Will Newton, the husband of Drucilla. Drucilla was at that time 26 years old. They continued to live on the middle 53 1/3 acres of the homestead until some time in 1909, when they sold the land to Minerva Brister and moved away. Mary Graves divided the homestead between her children above named, and made no provision whatever for Ben Murphy, and does not seem to have regarded him as a legitimate son of Joe Murphy. Ben Murphy was born after the probate court had made an

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order vesting the title to the homestead in fee in Mary Graves. The deeds from Mary Graves to her daughters Mary Roper and Martha Murphy were executed in May, 1922, and recited a consideration of $1. On June 1, 1922, Drucilla Newton and Ben Murphy made a contract with C. M. Martin, a lawyer of Camden, Ark., to recover their interest in the homestead upon a contingent fee of one-half of the recovery, and, as a part of the contract, they conveyed to Annie Martin, for C. M. Martin, an undivided one-half interest in that part of the homestead which they sought to recover. They also executed to Annie Martin an oil and gas lease on their entire interest in the homestead for a consideration of $100. Some time about the middle of June, 1922, P. T. Hildebrand and Guy Campbell of Camden, Ark., went to see an oil well which was being drilled in the same neighborhood, and found out about the land in controversy and the conflicting claims as to the title. Hildebrand was the cashier of a bank in Camden, and employed Campbell to get the title for him. On June 19, 1922, P. T. Hildebrand received a quitclaim deed from Annie Martin. The consideration recited in the deed was $2,825 cash in hand. The deed was duly acknowledged on the same day before L. B. Smead, a notary public. On the 17th day of June, 1922, Minerva Brister and Isa Goodwin, her son, executed a deed to said land to P. T. Hildebrand, and the consideration recited in the deed is $10. This deed was acknowledged on the same day before Guy L. Campbell, a notary public.

There is also in the record what purports to be a deed from Mary Murphy, Martha Murphy, Luther Graves, and Mary Roper to P. T. Hildebrand to said land. This deed is dated June 17, 1922, and purports to have been acknowledged on the same day before Guy L. Campbell, a notary public.

Evidence was introduced by the plaintiffs tending to show that this deed was a forgery, and also that it was procured by fraud and false representations. On the other hand, evidence was introduced by the defendants tending to show that the signatures to the deed was not a forgery, and that its execution was not a forgery, and that its execution was not procured by false representations. The evidence on this phase of the case will be stated or referred to more at length under appropriate headings in the opinion.

There also appears in the record a quitclaim deed from Ben Murphy to P. T. Hildebrand to said land. It recites a consideration of $10 cash in hand paid, and was executed and acknowledged on the 14th day of June, 1922, before L. B. Smead, a notary public.

There also appears in the record a quitclaim deed from Drucilla Newton and Victoria Wright to P. T. Hildebrand to said land. The consideration recited in this deed is the sum of $10, and it was executed on the 12th day of June, 1922. It was also acknowledged before L. B. Smead, a notary public.

Numerous deeds and oil and gas leases were executed by the grantees in the deed which is alleged to be a forgery and to have been procured by false representations. All of these grantees have been made defendants to this action. Other evidence will be stated or referred to in the opinion.

The chancellor made a specific finding of fact to the effect that the deed from Luther Graves and other plaintiffs to P. T....