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Graham v. Inlow

Arkansas Supreme Court
790 S.W.2d 428 (1990)


Robert Inlow deeded his 287-acre farm to (1) his second wife, Freda (defendant); (2) their two children, Charles and Carol; and (3) Inlow’s child from a prior marriage, Patricia Graham (plaintiff). Graham petitioned the court to partition the farm among the four owners. Freda had made various improvements on the farm, including repairs to existing buildings, and sought compensation for such improvements. Freda’s expert witness, Hinshaw, testified to the value the improvements added to each individual building on the property, as well as the value that a structure generally added to the value of a property in comparison to property without a structure. Hinshaw did not testify regarding the difference in the value of the farm as a whole before and after Freda’s improvements. The trial court found that the farm could not be partitioned in kind and ordered a sale of the farm. The trial court also awarded Freda $70,000 as compensation for improvements she made on the farm. Finally, the trial court awarded her rents as of the commencement of the instant partition action. All parties appealed. Graham sought rents going back further than the commencement of the action.

Rule of Law


Holding and Reasoning (Glaze, J.)

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