Salyers v. Smith

• Decision Date: 03 March 1900
• Parties: SALYERS et al. v. SMITH.
• Court: Arkansas Supreme Court

55 S.W. 936

SALYERS et al. v. SMITH.

Supreme Court of Arkansas.

March 3, 1900.

Appeal from Hempstead chancery court; C. A. Bridewell, Special Judge.

Action by W. D. F. Smith against Amanda Salyers and another. From a judgment for plaintiff, defendants appeal. Reversed.

The appellee brought this suit in equity against his daughter and her husband, alleging that before her marriage appellee had made her a deed to certain land in consideration that she would support him as long as he lived, and that she afterwards married, and turned him out. He alleged that it would take $150 per annum for his support, and prayed that he have a lien against said land for his support during life, and that the defendants be restrained from selling or incumbering the land; that he have judgment against the land for the amount necessary, payable each year during his natural life, and, if same be not paid at the time due, that said land be sold to satisfy said lien, and for all proper relief. The answer denied the consideration alleged, set up a valuable consideration of $600, and denied that appellants had not refused to support appellee, and averred that he had left the house without cause, and refused to accept their support, which they offered in their answer to continue. The deed is a simple, unconditional warranty deed, reciting a consideration of $600, and a receipt for same. The plaintiff, Smith, himself testified as follows: "When my wife died, I told my daughter Amanda that I would give her all I had when I died if she would remain with me until I died. I made a will giving her all my property. She became dissatisfied with the will, and I gave her my note for $600, and afterwards I made her a deed to the land in controversy; she agreeing to support me the balance of my life. A year or so afterwards she married, and then she and her husband began to abuse and mistreat me; and finally, their conduct becoming intolerable, I was forced to leave them. He [Salyer] would walk through the house, and say that he intended to rule and boss me. I was blind, and they would not assist me, or lead me about. I would not have made Amanda a deed to the land except that she would promise that she would never leave or forsake me. My daughter never married until last January. She always stayed at home, and did all the work after my wife died. She did everything she could for me up to the time I left them in last March. The first note I gave her ran out of date, and I gave her another note. I gave the note to Amanda because the other children had married, and were living to themselves, and Amanda was living with and taking care of me, and I intended that she should have all my property at my death, and so I intend now." J. C. Ross, a son-in-law of plaintiff, testified: That defendant Amanda Salyers had lived with plaintiff for some years before this falling out. That when the plaintiff left defendants' home, in March, he went over to try and settle up the dispute, but Salyers told him he would not speak to the old man, and that it would be better for him to be in the poorhouse. "Plaintiff then went to my house, and remained about two months. I took from Salyers to my home the following property: 15 bushels of corn, 2½ middlings, and 1 ham, bedding, 1 wagon, 1 mule, 1 trunk and clothes, 1 heating stove, and some tools, 5 shoats, 2 cows and calves and 2 yearlings, 49 sheep. I sold the sheep for $40. It is worth $20 per month to care for the old man." Mrs. Margaret Ross, a daughter, testified that she had a conversation with defendant Amanda Salyers, in which Amanda told her that she and her husband were going off, and leave the old man, and that she did not care whether he was killed or not when she left him, as it would make no difference. Ellen Cottingham, a daughter of the plaintiff, and Willie Ross and a daughter of Mrs. Ross, both the last named grandchildren of the plaintiff, testified to the same facts as did Mrs. Ross. Salyers testified, denying, specifically, the testimony of Ross as to the conversation alleged to have been had with him by Ross; and he further testified that he had never mistreated or abused the plaintiff, but that the plaintiff was cross and irritable. He testified further: "I have never refused him a home. I have always considered my home his, and would take him and care for him now, if he saw proper to come back; and we have never intended to do anything else." Amanda Salyers, the defendant, testified: "I am 53 years of age. I have never been married except to my present husband. I have always lived with my father until he left my house last March. He has been palsied since my mother's death. After my mother's death, May 13, 1889, my father gave me his note for $600. After this note ran out of date, he gave another note for it. On December 5, 1895, he took up said note, and made me a deed...