MILLWEE v. WILBURN

No. CA 82-61.

640 S.W.2d 813 (1982)

6 Ark.App. 280

Paul MILLWEE et al., Appellants, v. Charles R. WILBURN et ux., Appellees.

Court of Appeals of Arkansas.

October 27, 1982.


Attorney(s) appearing for the Case

Smith, Stroud, McClerkin, Dunn & Nutter, Texarkana, for appellants.

Pilkinton & Pilkinton, Hope, for appellees.


GLAZE, Judge.

Appellant filed a suit to cancel of deed and bill of sale executed by the deceased, Ms. Homa McClinton to the appellees, Charles Wilburn and Leona Wilburn, his wife. The bases of the suit included allegations of Ms. McClinton's mental incapacity, undue influence and overreaching by Charles Wilburn and inadequate consideration paid by appellees. The chancellor dismissed appellant's complaint for want of equity. The primary issue on appeal is whether the...

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