CITY OF FORT SMITH v. FRANCE

No. 5-2542.

353 S.W.2d 186 (1962)

CITY OF FORT SMITH, Appellant, v. Charlie FRANCE et ux., Appellees.

Supreme Court of Arkansas.

Rehearing Denied February 19, 1962.


Attorney(s) appearing for the Case

G. Byron Dobbs, Fort Smith, for appellant.

Ralph W. Robinson and David O. Partain, Van Buren, for appellees.


GEORGE ROSE SMITH, Justice.

In 1958 the city of Fort Smith bought from the appellees, Charlie France and his wife, a small tract of land near Lake Fort Smith, which is the municipal water supply. Two years later the sellers brought this suit to reform the deed, contending that by mutual mistake the description included more land than they meant to convey. This appeal is from a decree granting the prayer for reformation. For reversal the city contends that no mutual...

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