{ "id": 1456600, "name": "Alderson v. Steinberg", "name_abbreviation": "Alderson v. Steinberg", "decision_date": "1940-03-04", "docket_number": "4-5683", "first_page": "1165", "last_page": "1168", "citations": [ { "type": "official", "cite": "199 Ark. 1165" }, { "type": "parallel", "cite": "137 S.W.2d 925" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "120 S. W. 2d, 574", "category": "reporters:state_regional", "reporter": "S.W.2d", "opinion_index": 0 }, { "cite": "196 Ark. 1177", "category": "reporters:state", "reporter": "Ark.", "opinion_index": 0 }, { "cite": "197 Ark. 85", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 8718191 ], "weight": 2, "pin_cites": [ { "page": "90" } ], "opinion_index": 0, "case_paths": [ "/ark/197/0085-01" ] }, { "cite": "227 S. W. 23", "category": "reporters:state_regional", "reporter": "S.W.", "opinion_index": 0 }, { "cite": "147 Ark. 184", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1583233 ], "opinion_index": 0, "case_paths": [ "/ark/147/0184-01" ] } ], "analysis": { "cardinality": 384, "char_count": 5528, "ocr_confidence": 0.524, "pagerank": { "raw": 9.505882454708161e-08, "percentile": 0.5202699076278192 }, "sha256": "ce571b8d7ecd5eee206a26f12413a4b237263f690486cdccc5752d05fe78e584", "simhash": "1:295d09fa53fd9cf7", "word_count": 910 }, "last_updated": "2023-07-14T16:09:45.659289+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Alderson v. Steinberg." ], "opinions": [ { "text": "Griffin Smith, C. J.\nAppellee is an attorney. Kissie Alderson and C. D. Garrett, Negroes, are brother and sister. As plaintiffs below they sought cancellation of two deeds, each of which conveyed to appellee a one-twelfth interest in minerals appurtenant to the lands described.\nThe complaint upon which the decree is predicated was filed in June, 1938.\nAs to Kissie Alderson it is alleged that the conveyance was without, consideration; that it was not intended an interest in the minerals should be sold; that this appellant was induced to sign an instrument with her husband affecting, as she thought, different property, for which she and her husband were paid $20; that she was informed and believed she was only releasing her dower interest, and that no other sum of money was paid her. She claims not to have read the instrument, relying upon representations made by appellee and by her brother-in-law, Archie Alderson. Archie was assisting appellee in procuring mineral deeds to other lands in which her husband was interested.\nGarrett contends that at the time he executed the deed in question he .was informed by appellee and Archie Alderson that the document was a contract, by the terms of which appellee was to become \u201ctheir\u201d legal representative. The leases, it is asserted, were worth $17.50 an acre in September, 1929, while the price received averaged about $1 an acre.\nThe deeds wherein Kissie Alderson granted in her own rights and in which she joined with her husband were- dated September 30, 1929. Charlie Frazier joined in John Alderson\u2019s deed. Garrett\u2019s deed is dated September 27, 1929. Each instrument was acknowledged the day it bears date and was immediately filed to be recorded.\nGarrett contends \u2022 appellee was brought to him by Archie Alderson; that while he (Garrett) was working for Lion Oil Company in the field appellee and Archie \u201c. . . called to induce me to employ Mr. Steinberg as my lawyer in connection with \u2018 an interest out there. \u2019 \u2019 \u2019 Witness went to Steinberg\u2019s office and signed what he thought was a contract for legal services. The deed recites: \u201cWe, John Alderson and Kizzie Alderson, his wife, and Charlie Frazier, for and in consideration of the sum of one dollar to us cash in hand, and legal services rendered by Harry C. Steinberg,\u201d etc.\nIn the typewritten part of this document Kissie\u2019s name is spelled \u201cKizzie,\u201d and it so appears in the acknowledgment. In each deed executed ,by Kissie the name as it appears in signature is \u201cKizzie.\u201d\nCounsel for appellants directs attention to the deed of Alderson and his wife and Frazier, and says: \u201cUndoubtedly alterations were made [in the signature] of the deed in question.\u201d Contention is that the two \u201cz\u2019s\u201d were underscored, in consequence of which they resemble the letter \u201cs.\u201d\nAppellee\u2019s explanation is that the two deeds had been prepared prior to their presentation to Kissie and the name had been spelled \u201cKizzie.\u201d Appellee and I. W. Stennett called on Kissie September 30, 1929. She wrote \u2018 \u2018 Kissie Franceis Alderson. \u2019 \u2019 Appellee called Kissie\u2019s attention to the fact that the prepared form carried the name as \u201cKizzie.\u201d Appellee told appellant to make a \u201c z \u201d out of each \u201c s. \u201d His testimony is: \u201c She took the pen and put stems on each \u2018s.\u2019 \u201d\nMore than a dozen witnesses testified. In point of numbers, witnesses called by appellants exceeded those used .by appellee.\nIssues presented are factual. The complaint was dismissed for want of equity. Appellants\u2019 counsel summarizes :\n\u201cTo say the least, the evidence on both sides is sufficient to reflect doubt, confusion, and irregularities with regard to all the transactions between appellants and appellee.\u201d\nThe requisite of evidence necessary to avoid a deed or the obligations of a contract in writing must transcend a preponderance. It must be \u201cclear and convincing\u201d; or, as otherwise expressed, \u201cclear and satisfactory.\u201d 20 American Jurisprudence 1103, \u00a7\u00a7 1252 and 1253; Morris v. Coll, 147 Ark. 184, 227 S. W. 23; Burns v. Fielder, 197 Ark. 85, 90, 122 S. W. 2d 160; Bevens v. Brown, 196 Ark. 1177, 120 S. W. 2d, 574.\nBy signing a document which may be placed of record, the person so acting says to the world that he or she (or, if a corporation, it) did, in fact, execute the instrument. The signature imports something more than a mere presumption, once its authenticity is established. True, the means by which the signature was procured may form the basis of judicial inquiry, but the explanation that fraud was perpetrated by or in behalf of the procuring party, while if testified to is evidential, must be supported by circumstances or other evidence which satisfies the court that fraud was the motivating influence.\nIn the instant case almost eight years elapsed before the deeds were questioned. Under appellants\u2019 summary of the evidence its effect was to reflect doubt, create confusion, and show irregularities. Irregularities may be (and in the chancellor\u2019s opinion were) explained away. Certainly the testimony was in confusion; that is, it was contradictory. But the mere creation of doubt in consequence of contradictory testimony is not enough to justify cancellation of a deed.\nThe decree is affirmed.\n\u201cDeeds,\u201d and \u201cleases\u201d are terms used synonymously, in the record.\nA regular printed deed or lease form was used.\nThe references are to acknowledged instruments.", "type": "majority", "author": "Griffin Smith, C. J." } ], "attorneys": [ ". Silas W. Rogers, for appellant.", "J. S. Brooks, Jr., Floyd Stein and Charles E. Wright, for appellee." ], "corrections": "", "head_matter": "Alderson v. Steinberg.\n4-5683\n137 S. W. 2d 925\nOpinion delivered March 4, 1940.\n. Silas W. Rogers, for appellant.\nJ. S. Brooks, Jr., Floyd Stein and Charles E. Wright, for appellee." }, "file_name": "1165-01", "first_page_order": 1183, "last_page_order": 1186 }