MILLER v. EMPIRE RICE MILLS

No. 5-1554.

312 S.W.2d 925 (1958)

Lula Daggett MILLER et al., Appellants, v. EMPIRE RICE MILLS, Inc., and St. Louis Southwestern Railway Company, Appellees.

Supreme Court of Arkansas.

May 5, 1958.


Attorney(s) appearing for the Case

Shaver & Shaver, Wynne, for appellants.

Barrett, Wheatley, Smith & Deacon, Jonesboro, James Robertson, Wynne, for appellees.


WARD, Justice.

The principal issue on this appeal relates to election of remedies. The record contains numerous pleadings and considerable testimony but, because of the conclusions hereafter reached, a brief resume of each is deemed adequate.

On June 15, 1892 Charles M. Daggett and Leonard S. Briggs [their wives joining] executed a deed to the St. Louis Southwestern Railway Company conveying a strip of land [part of which is the subject of this litigation...

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