FLEMING v. COOPER

No. 5-442.

271 S.W.2d 772 (1954)

Joe W. FLEMING, Appellant, v. Ellis COOPER, Appellee.

Supreme Court of Arkansas.

Rehearing Denied November 8, 1954.


Attorney(s) appearing for the Case

Jeff Duty, Fayetteville, for appellant.

Lovell & Evans, Springdale, for appellee.


WARD, Justice.

The principal question presented by this appeal is: Under what circumstances may it be presumed that the pleadings in a chancery proceeding were treated as amended to conform to the evidence? To properly present the question it is necessary to set out the material portions of the pleadings and the decree.

The Complaint. Appellee, ElHs Cooper, who was the plaintiff below, alleged: That he had for eight or ten years been a tenant on a farm...

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