Pyland v. Gist

• Decision Date: 02 July 1928
• Docket Number: (No. 98.)
• Citation: 7 S.W.2d 985
• Parties: PYLAND v. GIST et al.
• Court: Arkansas Supreme Court

Page 985

7 S.W.2d 985

PYLAND v.GIST et al.

(No. 98.)

Supreme Court of Arkansas.

July 2, 1928.

Appeal from Craighead Chancery Court; J. M. Futrell, Chancellor.

Suit by J. P. Gist and others against Minnie Pyland and others.Decree for plaintiffs, and the named defendant appeals.Affirmed.

Caraway, Baker & Gautney, of Jonesboro, for appellant.

Block & Kirsch, of Paragould, for appellees.

MEHAFFY, J.

The appellees brought suit against J. E. Vaughan and Belle Vaughan, his wife, and Minnie Pyland, alleging that J. E. Vaughan and Belle Vaughan executed and delivered to J. P. Gist their promissory note for the sum of $1,000, due three years after date, and bearing interest at the rate of 8 per cent. per annum from date until paid, and that, to secure the payment of said note, J. E. Vaughan and wife made, executed, and delivered to Roy Grim, as trustee for J. P. Gist, a deed of trust conveying the northeast quarter of the northwest quarter of section 26, township 16 north, range 7 east, in the Eastern district of Craighead county, Ark.It was alleged that Minnie Pyland, a niece of J. P. Gist, induced him to deliver the note to her for the purpose of collecting only; that she failed and refused to surrender the note and deed of trust, but claimed that Gist had given it to her.Vaughan and his wife filed answer admitting execution of the note and their readiness and willingness to pay, but that they were unable to determine to whom payment should be made, and refused to pay until the rightful ownership and possession of the note was determined.Minnie Pyland answered, admitting the relation between herself and plaintiff Gist, admitted that she had the note and mortgage in her possession, but denied that it was given her for the purpose of collection, and asserted that it was given to her as a gift and that it was duly assigned to her as such.

J. P. Gist, who was more than 80 years old, testified in substance that he lived in Dunklin county, Mo.; that he could not read and write; never went to school a day in his life; that Minnie Pyland was his niece, the daughter of his brother; that he gave her the note so she could collect it; that she asked him to give it to her; and that he did not care who collected it just so it was collected.She was to collect it and pay it over to him and had never done that.He had lost his hearing or could not hear very well.

J. F. Miller testified that he knew Polk Gist and had known him for more than 30 years; that he could not hear well for several years and for the last 4 or 5 years had been very deaf, and that for the last few years his mind had not been very good; that this had existed for 6 or 7 years.Witness also knew Minnie Pyland and was present when there was a conversation between her and Senator Ely and his son.Ely and his son are practicing lawyers in Missouri and had a case in Missouri against Mrs. Pyland.Mr. Ely asked Mrs. Pyland about the land deal and asked her how she happened to have the note, and she told Mr. Ely that her uncle, Polk Gist, lived in Missouri and had turned it over to her to collect because she lived in Arkansas, and instructed her to deposit it in the Bank of Monette after she had collected it.

J. E. Vaughan testified that he owed the debt, and that Minnie Pyland, in a conversation with him, had said the note was in the bank, and that it belonged to her, and that no one was going to beat him out it; that she further said they have been taking his money just as fast as they could get it and this is one time they are not going to beat him out of it.Witness' wife was Gist's niece, the same relation to Gist that Mrs. Pyland is.

Allen Cluster testified that he was present when J. E. Vaughan had a conversation with Mrs. Pyland and that, Mrs. Pyland said, "Whenever it is to be paid, it is to be paid in my name, so he will not be beat out of it"; and further said, "He gave it to me for collection."

Tom Ely, Jr., testified that he was present when his father had the conversation with Minnie Pyland, and that Mrs. Pyland said that Mr. Gist lived in Missouri, and this land was in Arkansas, and he gave her this note to collect.

Robert Braden testified that he had known Gist practically all his life and that he helped to make the transfer of the note by Mr. Gist to Mrs. Pyland; he identified the note and at the time of the transfer he wrote the typewritten part and his name there, and that Mr. Gist said he wanted to give the note to Mrs. Pyland; that Gist could not write; there was very little conversation; Gist was hard of hearing.Mrs. Pyland and...