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ALSTON v. ALSTON

No. 84-21.

669 S.W.2d 909 (1984)

283 Ark. 7

Reta Louise ALSTON et al., Appellants, v. John Harold ALSTON and His Wife, Appellees.

Supreme Court of Arkansas.

June 11, 1984.

Attorney(s) appearing for the Case

Martin, Vater & Karr by Charles Karr, Fort Smith, for appellants.

Turner, Mainard & Whitehead by Lonnie Turner, Ozark, and Woolsey & Wilson by Bruce R. Wilson, Clarksville, for appellees.

GEORGE ROSE SMITH, Justice.

In 1936 A.W. Alston died intestate, survived by five children and the descendants of a deceased child. In 1937 Alston's heirs divided his 2,943.75 acres of land in Franklin County, by agreement. The surface interest was allotted in specific shares by an exchange of warranty deeds, with Ashley Alston receiving the 708 acres involved in this suit. That part of the agreement dividing the minerals, however, was decidedly ambiguous. Several...

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