PEAKER v. POWELL

No. 5-3712.

398 S.W.2d 58 (1965)

Don H. PEAKER and Augusta Peaker, his wife, Appellants, v. Delbert POWELL, Appellee.

Supreme Court of Arkansas.

Rehearing Denied February 7, 1966.


Attorney(s) appearing for the Case

Keith, Clegg & Eckert, Magnolia, for appellants.

Joe D. Woodward and Lewis D. Smith, Magnolia, for appellee.


HARRIS, Chief Justice.

Appellee, Delbert Powell, instituted suit against appellants, Don H. Peaker and Augusta Peaker, his wife, to recover the sum of $9,313.13, representing an alleged overpayment in the purchase of a certain oil payment, payable from production of oil and gas, and frequently referred to in the pleadings as a "vendor's lien." After the filing of an answer, which in effect denied the pertinent allegations of the complaint, the court, sitting as a...

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