(DOWNLOAD) "Clark v. White." by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free
eBook details
- Title: Clark v. White.
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 06, 1950
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 50 KB
Description
In a suit to condemn land in Georgia for a National Forest brought by the United States in the district court naming numerous persons as having and claiming interests therein, a judgment of condemnation was entered on May 9, 1949 vesting fee simple title in the United States on payment into court of $8,924.40 as just compensation and transferring all liens and claims from the land to the fund deposited. On June 15, 1949 the money was so paid. The only controversy arising is over the distribution of the fund, the major part of which is claimed by Mrs. Mae Woody White by virtue of a deed to her from Hood Clark made January 23, 1942, purporting to convey and land condemned and other land. Some fifty-odd persons claim as heirs at law of Hood Clark, who died November 14, 1942, intestate, and of his brother, Chris Clark, who predeceased him. These claimants by answer filed January 21, 1949, assert that the deed of Hood Clark to Mrs. Mae Woody White is void for want of mental capacity to make it, and because of fraud in its procurement by W. A. Woody, who was the father of Mrs. White, the grantee, for a grossly inadequate consideration, Woody being the friend and adviser of, and in a confidential relationship with, Hood Clark, who was then an aged man and incapable of attending to business, and dying a few months later. These claimants prayed "that the deed from Hood Clark to Mae Woody White * * * be declared void and set aside and cancelled"; that from the proceeds in court $1,000.00, the consideration named in the deed, be paid with interest to Mrs. Mae Woody White; that these claimants be awarded their respective shares of the remainder; and for such other and further relief as they may be entitled to. Mrs. White moved to dismiss as much of this claim as sought a judgment and decree cancelling and declaring void her deed, for want of jurisdiction in the court to grant such equitable relief.A district judge heard this motion and overruled this ground of it, not passing on the other grounds, but stated that he would consider a motion to refer the issue to a state court. The matter came on before another district judge, on a motion by Mrs. White to require the Clark heirs to institute an action to cancel in a state court; and on an amendment of her motion to dismiss. This judge held that though it had been decided that the district court had jurisdiction it did not have exclusive jurisdiction, and that a state court could try the validity of the deed and the question of its cancellation in Union County, the residence of Mrs. White, and it was desirable that this be done. He further held that the attacked portion of the claim of the Clark heirs was an intervention not yet permitted by the court, and as they had another forum he would disallow and strike the allegations and prayers pertinent thereto, but would hold the fund till the further order of the court; and he ordered accordingly. From this order dismissing their claim based on the invalidity of the Hood Clark deed the Clark heirs appeal. Mrs. White appears from the previous judgment holding that the district court has jurisdiction if it chooses to exercise it.
 "Clark v. White." by United States Court Of Appeals Fifth Circuit. # Book PDF Kindle ePub Free){kind=link}