CRAIN v. FOSTER

No. 5-1744.

322 S.W.2d 443 (1959)

Jack CRAIN et al., Appellants, v. R. S. FOSTER, Appellee.

Supreme Court of Arkansas.

Additional Opinion April 13, 1959.


Attorney(s) appearing for the Case

Melvin T. Chambers, Magnolia, J. M. Shackleford, El Dorado, for appellants.

McKay, Anderson & Crumpler, Magnolia, for appellee.


McFADDIN, Justice.

The facts are complicated and require some detailing; but, once understood, the result is clear. The question posed iswhether appellee Foster owned an undivided one-tenth interest (as a tenant in common) in a tract of 1,000 acres, or owned 100 acres in severalty. We conclude that appellee owned 100 acres in severalty; and we rest our opinion on the rule of equitable estoppel.

Ike Jermany owned about 1,000 acres in Columbia County,

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