NASH v. SCOTT

No. CA 97-1068.

966 S.W.2d 936 (1998)

62 Ark.App. 8

John Robert NASH et al., Appellants, v. Gerald A. SCOTT et al., Appellees.

Court of Appeals of Arkansas, Division IV.

April 29, 1998.


Attorney(s) appearing for the Case

J.R. Nash, Little Rock, for Appellants.

Peter B. Heister, Little Rock, for Appellees.


PITTMAN, Judge.

The parties in this chancery case are tenants in common of a warehouse. Appellants filed a partition suit; appellees, as defendants, filed a response alleging that appellants waived their right to partition by including in their deed and sales agreement a repurchase option giving appellees a right of first refusal. At the hearing, appellants contended that the repurchase option violated the rule against perpetuities. The chancellor ruled that the rule...

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