Duncan v. Hensley
Arkansas Supreme Court
248 Ark. 1083 (1970)
- Written by Craig Conway, LLM
Facts
After four years of marriage, Graddy Duncan (defendant) and Joyce Hensley (plaintiff) entered into a property settlement agreement in contemplation of divorce. Under the terms of the agreement Hensley was to receive the 440-acre farm, household furniture, cattle and horses, and an automobile, as well as most of the other assets. The court then entered a divorce decree and approved the agreed-to property settlement agreement. Subsequently, Duncan went to Hensley’s place of employment and threatened her life if she did not sign over to him all of the assets she received under the terms of the agreement. Hensley relented and signed instruments conveying the land, animals, and tangible items to Duncan. Thereafter, Hensley field suit against Duncan to cancel the signed instruments arguing that she did so under duress. The trial court agreed and nullified the agreements. Duncan appealed.
Rule of Law
Issue
Holding and Reasoning (Matthews, J.)
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