O'MARY v. DUNN

No. 76-332.

547 S.W.2d 758 (1977)

Marion O'MARY and Nell O'Mary, Appellants, v. Joe T. DUNN and LaVerne DUNN, Appellees.

Supreme Court of Arkansas, Division 2.

March 21, 1977.


Attorney(s) appearing for the Case

William J. Wynne of Crumpler, O'Connor & Wynne, El Dorado, for appellants.

William I. Prewett, of Brown, Compton & Prewett, El Dorado, for appellees.


ROY, Justice.

The parties to this action owned as tenants in common a parcel of land 30' X 71.62', and their respective businesses were located adjacent to the South end of this parcel. Appellants petitioned the court, pursuant to Ark.Stat.Ann. § 34-1801 (Supp. 1975), requesting partition of the small tract according to their respective interests or, in the alternative, sale of the land and distribution of the proceeds if it were found the land was not susceptible...

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