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CLARK v. RUTHERFORD

No. 5-1056.

298 S.W.2d 327 (1957)

Bert CLARK et al., Appellants, v. Burl RUTHERFORD, Lillith Rutherford and Claud Rutherford, Appellees.

Supreme Court of Arkansas.

February 4, 1957.

Attorney(s) appearing for the Case

Rex W. Perkins and E. J. Ball, Fayetteville, for appellants.

James R. Hale, Price Dickson and W. B. Putman, Fayetteville, for appellees.

HARRIS, Chief Justice.

In 1930, Claud Rutherford and wife, Maud Rutherford, left Nebraska and moved to the home of Maud Rutherford's parents, John and Ellen Clark, near West Fork, Arkansas. John Clark was the owner in fee simple of a 24 acre tract of land, and Ellen Clark, in her own right, was the owner of a 40 acre tract which joined it. A short time after the Rutherfords arrived, John Clark died intestate, leaving his widow, Ellen, the daughter, Maud, and two sons...

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