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Duncan v. Hensley

Arkansas Supreme Court

248 Ark. 1083 (1970)

Relevant factsFree

After divorcing Graddy Duncan (defendant), Joyce Hensley (plaintiff) received a 440-acre farm, furniture, livestock, and most other marital assets under a court-approved property settlement. Duncan, who had a well-known tendency toward violence, went to Hensley's workplace and threatened her life unless she signed everything back over to him; in fear, Hensley immediately went with him to a realtor and signed quitclaim deeds and other instruments transferring the land, animals, and personal property to Duncan. Hensley sued to cancel the instruments as products of duress; the trial court agreed and voided the transfers, and Duncan appealed.

IssueFree

Whether, under Arkansas law, a contract made by a party under duress is void.

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