ARKANSAS STATE HIGHWAY COMMISSION v. MONTGOMERY

No. 5-3171.

376 S.W.2d 662 (1964)

ARKANSAS STATE HIGHWAY COMMISSION, Appellant, v. O. T. MONTGOMERY et ux., Appellees.

Supreme Court of Arkansas.

March 23, 1964.


Attorney(s) appearing for the Case

Dowell Anders and H. Clay Robinson, Little Rock, for appellant.

Terral, Rawlings & Matthews and John I. Purtle, Little Rock, for appellees.


JOHNSON, Justice.

This suit involves the ownership of a 5½ foot strip of land across two lots along Highway 10 in Little Rock. During 1961 appellant Arkansas State Highway Commission reconstructed Highway 10, including the part of Highway 10 that is adjacent to the property of appellees, O. T. and Maudie Montgomery. On January 3, 1963, appellees filed suit in Pulaski Chancery Court against appellant, alleging that appellant claimed a sixty foot right of way adjacent...

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