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WINNINGHAM v. HARRIS

No. CA 98-239.

981 S.W.2d 540 (1998)

64 Ark.App. 239

Doyce WINNINGHAM, et al., Appellants, v. Tim HARRIS and Kelly Harris, Appellees.

Court of Appeals of Arkansas, Division II.

December 16, 1998.

Attorney(s) appearing for the Case

Joe Don Winningham, Conway, for Appellants.

Clifford J. Henry, Conway, for Appellees.

SAM BIRD, Judge.

In September 1988, appellees Tim and Kelly Harris purchased 160 acres in Conway County from appellants Doyce and Peggye Winningham, who retained an adjacent tract of land. As part of the transaction, appellees gave the Winninghams a recorded easement, which provided:

THAT TIM HARRIS AND KELLY HARRIS, HUSBAND AND WIFE, for good and valuable considerations receipt of which is hereby acknowledged does [sic] grant, to DOYCE WINNINGHAM AND PEGGYE...

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