Duncan v. Hensley

248 Ark. 1083 (1970)

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Nature of the Case

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Facts

H and Hensley (W) were married September 16, 1964, at Kingsville, Georgia. At that time, W was conducting negotiations for the purchase of certain real estate in Covington, Louisiana. The purchase was consummated, title being taken in the name of both H and W. The parties operated a ranching operation for approximately three years. The Louisiana lands were then sold for $79,000.00, and a portion of the proceeds were used in purchasing Newton County lands, in the purchase of a house trailer in which they lived. H and W began a ranching operation upon such lands. H and W entered into a property settlement agreement, in contemplation of divorce. W was to receive the 440-acre farm located in Newton County, Arkansas, together with the household furniture, cattle, and horses and a 1968 Volkswagen automobile. Any other automobiles, trucks or equipment registered in the name of H would be his sole and exclusive property. H executed a quitclaim deed to W covering the Newton County lands. The divorce decree incorporated the settlement. On February 4, 1969, W, executed and delivered to H a quitclaim deed conveying to him the Newton County lands and a bill of sale covering certain cattle, quarter horses, farm machinery, implements and tools situated on the Newton County lands and the house trailer, also situated thereon. It recited a consideration of $10.00 and other valuable consideration paid, and the bill of sale a consideration of $10.00 and other legal considerations paid. Both instruments were recorded. P filed her suit to cancel these instruments and the decree. The Chancellor court found clear and convincing evidence that the conveyance was on grounds of physical duress and rescinded them. The court found that W did this when H persuaded W to ride with him to an isolated part of the county wherein H told W that she was going to sign everything over to him or she was going to be dead. H also made threats against the life of one Bill Hardin and his daughter who had accompanied W to work that day. W testified she believed H because she had seen him in violent rages specifically referring to an instance when he had beaten a horse in her presence and another time when he had threatened to kill the owner of a bull that had been permitted to get in with the cows on the Louisiana ranch; that this violence was demonstrated in a family argument that arose over the use of a television set; that prior to their marriage H had told W that if she didn't marry him no one else would, and she considered this to be a threat. A third party testified that W had been crying when she came into his office but that she made no oral objection to signing the papers. H appealed.