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GARNER v. HORNE

No. 4-9580.

245 S.W.2d 229 (1952)

GARNER et al. v. HORNE et al.

Supreme Court of Arkansas.

Dissenting Opinion January 21, 1952.

Rehearing Denied February 11, 1952.

Attorney(s) appearing for the Case

Brockman & Brockman, Pine Bluff, Wright, Harrison, Lindsey & Upton, Little Rock, for appellant.

Max Smith, Rison, Reinberger & Eilbott, Pine Bluff, for appellee.

McFADDIN, Justice.

Appellants, as plaintiffs, sought specific performance or damages for failure of the C. W. Home heirs to convey to appellants a tract of 160 acres on which there was valuable timber. From a decree refusing relief, there is this appeal.

C. W. Home died intestate, many years ago; and at the time of the matters herein, his heirs were (1) W. D. Home, a son: (2) Mrs. White, a daughter; (3) Mrs. Odum, a daughter; and (4) Mrs. Seale,

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