IRBY v. IRBY

No. 5-1036.

295 S.W.2d 634 (1956)

W. W. IRBY, Appellant, v. F. L. IRBY, Appellee.

Supreme Court of Arkansas.

Rehearing Denied December 10, 1956.


Attorney(s) appearing for the Case

Spencer & Spencer, El Dorado, Wright, Harrison, Lindsey & Upton, Little Rock, for appellant.

L. B. Smead, Camden, Walter L. Brown and Robert C. Compton, El Dorado, for appellee.


ROBINSON, Justice.

There are two points here. First, there is the question of whether an instrument which appears to be a deed on its face is, in fact, a mortgage. And second, if the instrument is a deed, as it appears to be, has the grantor reacquired the property by adverse possession?

The appellant, W. W. Irby, and the appellee, F. L. Irby, are brothers. We will hereafter refer to appellant as Walter and to appellee as Frank. They live in Union County....

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