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Schnitt v. McKellar

Supreme Court of Arkansas
244 Ark. 377, 427 S.W. 2d 202, 30 O. & G.R. 1 (1968)

Written by Sean Carroll, JD

Facts

Heirs to McKellar (heirs) conveyed to J.H. Carmichael and J.C. Stevens (defendants) an undivided one-fourth interest in minerals on a tract of land. The heirs retained a portion of the mineral estate. A successor in interest to the heirs (plaintiff) brought suit for a declaratory judgment of the rights of Carmichael and Stevens, and for partition of all interests. The trial court entered an order confirming the interests of Carmichael and Stevens. The trial court denied the plaintiff’s request for partition. The plaintiff appealed.

Rule of Law

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Issue

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Holding and Reasoning (Fogleman, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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