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CLAUSS v. BAUMGARTNER

No. 5-1291.

305 S.W.2d 116 (1957)

Henry CLAUSS et al., Appellants, v. W. J. BAUMGARTNER et al., Appellees.

Supreme Court of Arkansas.

Rehearing Denied September 30, 1957.

Attorney(s) appearing for the Case

Steele Hays, Little Rock, Richard Mobley, Russellville, for appellants.

Robert J. White, Russellville, for appellees.

McFADDIN, Justice.

This case involves accretions claimed by adjacent riparian owners, on the west bank of the Arkansas River in Logan County. The appellants insist that the accretions should be apportioned according to the rule stated in Malone v. Mobbs, 102 Ark. 542, 145 S.W. 193, 146 S.W. 142, and reiterated in Hamilton v. Horan, 193 Ark. 85, 97 S.W.2d 637. The appellees recognize the rule of these cases; but claim that in this case there was an agreement as to...

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