BROWN v. LeTOURNEAU COLLEGE

No. 5-5700.

475 S.W.2d 521 (1972)

H. C. BROWN and Coral Brown, Appellants, v. LeTOURNEAU COLLEGE, Appellee.

Supreme Court of Arkansas.

January 24, 1972.


Attorney(s) appearing for the Case

Kenneth R. Smith, Yellville, and Poynter for appellants.

Fitton, Meadows & Adams, Harrison, for appellee.


HOLT, Justice.

The appellants purchased a home from the appellee and later learned that owners of four adjoining lots had a perpetual right to receive water from the well located on appellants' lot. The abstract of title did not reflect this encumbrance. The appellants brought suit against the appellee for rescission of the contract and refund of their purchase price or, in the alternative, for damages. The court found that the existence of the water right obligation...

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