# Cribbs v. Walker

> Supreme Court of Arkansas · January 28, 1905 · 74 Ark. 104

URL: https://www.frixlaw.com/law-library/cases/6545179

## Case

- **Full name:** Cribbs v. Walker
- **Court:** Supreme Court of Arkansas
- **Decided:** January 28, 1905
- **Citations:** 74 Ark. 104; 85 S.W. 244; 1905 Ark. LEXIS 432
- **Precedential status:** Published
- **Opinion:** Dissent by Hill
- **Judges:** Hill, Martin, McCulloch
- **Cited by:** 62 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6545179

## Opinion text

Hill, C. J’., (dissenting), Mr. Justice Battle and I are of the opinion that the complaint herein lacks every element of equity jurisdiction. The defendants by demurrer promptly met this question, and we are of opinion that the chancellor erred in overruling it, and for that reason the case should be reversed, and the cause either dismissed or a transfer to a court of law had, as the parties might, elect.
The determining question in this case is one of fact, which should be submitted to a jury. I am of opinion that, while the instrument is a deed on its face, yet the evidence shows that it was not intended to operate as a deed, but was essentially a testamentary disposition of the property through the legal formalities of a deed. In other words, the evidence convinces me that this instrument was not intended to have any effect as a deed, but to be brought into life only when the grantor died, as a disposition then to be had of his estate.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6545179. Public record. Not legal advice.