TOWELL v. SHEPHERD

No. 85-51.

689 S.W.2d 564 (1985)

286 Ark. 143

Kenneth TOWELL, Leroy G. Walker & Daisy M. Walker, His Wife, Appellants, v. J.D. SHEPHERD, Jr. & Juanita Shepherd, His Wife, Appellees.

Supreme Court of Arkansas.

May 28, 1985.


Attorney(s) appearing for the Case

John M. Belew, Batesville, for appellants.

R. Bryan Tilley, Heber Springs, for appellees.


HOLT, Chief Justice.

At issue in this case is the jurisdiction of the chancery court to dispose of a tort claim contained in a complaint which primarily sought injunctive relief. Our jurisdiction is pursuant to Sup.Ct.R. 29(1)(o).

The appellants own land in Cleburne County, Arkansas, that adjoins land owned by the appellees. A portion of the adjoining land is a pond that has been in existence approximately 30 years. In August 1978, the Cleburne Chancery...

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