121 Ark. 498 | Ark. | 1915
(after stating the facts). I.
It was shown that Dawkins paid Ms taxes, after Petteys paid his. He must have known, therefore, that Petteys was paying taxes on this land. These, are circumstances tending to show that Petteys was setting up title to the land, wMch Diawkins. must have known, yet he did not question Pettey’s claim of title.
The chancellor found that “as to T. P. Dawkins this deed is good.” When ¡all of the alb ove facts and circumstances are considered in connection with the positive testimony of the appellee, Petteys, it cannot be said that the finding of the .chancellor on tMs issue of fact is clearly against -the preponderance of the testimony.
II.
The statute (Kirby’s Digest, Sec. 7799) provides that “signature or subscription includes, mark, when the person can not write, his name being written near it and wit-. nessed by á person who writes his own name as a witness,” but tMs is not the exclusive method of establishing a .signature by mark. Miller, ex parte, 49 Ark. 18; Davis v. Semmes, 51 Ark. 48; Fakes v. Wilder, 70 Ark. 449; Ward v. Stark, 91 Ark. 268.
The testimony adduced by appellee is sufficient to establish 'the fact that Dawkins ¡signed the deed by making his mark. Johnson v. Davis, 95 Ala. 293; McGowan v. Collins, 154 Ala. 299; Vanover v. Murphy’s Administrator, 15 S. W. (Ky.) 61; Devereux v. McMahon, 108 N. C. 134.
Discussion of other questions relating to the form of the signature is unnecessary.
III.
It thus 'appears that it was ¡appellee’s own fault that he did not acquire title to the dower; and he is es-topped from asserting that the heirs of Dawkins should make good his claim for dower.
The question as to whether Dawkins executed the deed was purely one of fact, and as before ¡stated it ean not be ¡said that the finding of the ¡chancellor is clearly against the preponderance of the evidence. See cases collated in Vol. IV, Crawford’s Digest, p. 75, under “e. Findings of Chancellor. ”
The judgment is therefore correct and must be ¡affirmed.