KIRKHAM v. MALONE

No. 5-2128.

336 S.W.2d 46 (1960)

William P. KIRKHAM et ux., Appellants, v. J. M. MALONE et ux., Appellees.

Supreme Court of Arkansas.

June 6, 1960.


Attorney(s) appearing for the Case

Earl J. Lane, Hot Springs, for appellants.

Jerry Witt, Mt. Ida, and Wood, Chesnutt & Smith, Hot Springs, for appellees.


JOHNSON, Justice.

Appellees, J. M. Malone and Gertrude Malone, his wife, instituted this action in the Chancery Court against appellants, William P. Kirkham and Ruby Kirkham, his wife, to set aside a deed because of failure of consideration. At the time of the conveyance, out of which this suit arises, appellant, William P. Kirkham, was married to appellees' daughter, Carrie Belle Kirkham, who is now dead.

In 1955 appellant, William P. Kirkham, and his then...

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