SMITH v. SCOTT

No. 75-40.

525 S.W.2d 667 (1975)

Maurice SMITH et al., Appellants, v. Thomas Nelson SCOTT and Mary T. Scott, Appellees.

Supreme Court of Arkansas.

Rehearing Denied September 2, 1975.


Attorney(s) appearing for the Case

Thomas B. Keys and Kenneth R. Brock, Little Rock, for appellants.

Hardin, Jesson & Dawson, Fort Smith, for appellees.


BYRD, Justice.

The issues in this case were before us in Ark. State Highway Comm. v. Scott, 238 Ark. 883, 385 S.W.2d 636 (1965), wherein we held that the chancellor erred in sustaining a demurrer to the Commission's evidence. Thereafter, that case became dormant without any further proceedings, order or judgment and the papers have been lost. When the Commission subsequently proposed to reconstruct Highway 71, adjacent to...

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