KILLGO v. JAMES

No. 5-2936.

367 S.W.2d 228 (1963)

Evelyn KILLGO et al., Appellants, v. Loretta JAMES, Executrix, et al., Appellees.

Supreme Court of Arkansas.

May 6, 1963.


Attorney(s) appearing for the Case

Clayton Farrar and Wood, Chesnutt & Smith by Ray S. Smith, Jr., Hot Springs, for appellants.

M. C. Lewis, Jr., Hot Springs, for appellees.


GEORGE ROSE SMITH, Justice.

In 1949 Charles and Ruby Killgo bought a home in Hot Springs, as tenants by the entirety. In 1954 the couple were divorced by a decree of the Garland Chancery Court. The decree approved a property settlement by which the parties agreed to sell the home later on and divide the proceeds. The property had not been sold, however, when Charles died in October of 1959. His heirs, the appellants, then brought this suit for partition against Charles...

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