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BENTON v. U. S. MANGANESE CORPORATION

No. 5-1561.

313 S.W.2d 839 (1958)

Clarence O. BENTON et al., Appellants, v. U. S. MANGANESE CORPORATION, Appellee.

Supreme Court of Arkansas.

As Amended on Denial of Rehearing July 1, 1958.

Attorney(s) appearing for the Case

Hale Brown, Kirkwood, Mo., Chas. F. Cole, Batesville, for appellants.

Murphy & Arnold, Batesville, for appellee.

McFADDIN, Justice.

This appeal poses the problem of determining the rights, duties, and liabilities of the owners of the mineral estate as related to the owner of the surface estate. It also requires consideration of the wording in the instrument which separated the full fee estate into the two estates of mineral and surface.

Two tracts of land are involved and each has a separate line of title. In Tract No. 1. (NW¼ SE¼ Sec. 3) the mineral and surface...

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