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MODERN AMERICAN MORTGAGE CORPORATION v. NELSON

No. 5-5592.

469 S.W.2d 124 (1971)

MODERN AMERICAN MORTGAGE CORPORATION, Appellant, v. William R. NELSON et ux., Appellees.

Supreme Court of Arkansas.

Rehearing Denied August 9, 1971.

Attorney(s) appearing for the Case

Wright, Lindsey & Jennings, by Isaac A. Scott, Jr., Little Rock, for appellant.

Shackleford & Shackleford, El Dorado, for appellees.

BYRD, Justice.

The trial court cancelled a deed from appellees William R. and Doris Nelson to Jimmy Ray Jones and voided a mortgage from Jones to appellant Modern American Mortgage Corporation. For reversal, appellant contends:

"I. The evidence failed to establish fraud or misrepresentation in the procurement of the warranty deed. II. The failure of either Mr. or Mrs. Nelson to read the warranty deed estops them from denying the conveyance.

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