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BROCK v. BATES

No. 5-1127.

297 S.W.2d 938 (1957)

Jack BROCK et al. Appellants, v. Ray BATES, Appellee.

Supreme Court of Arkansas.

As Amended on Denial of Rehearing February 18, 1957.

Attorney(s) appearing for the Case

L. A. Williams, Clarksville, and Richard Mobley, Russellville, for appellants.

Wiley W. Bean, Clarksville, for appellee.

McFADDIN, Justice.

In this suit—involving a roadway—the decree must be reversed because of a procedural point.

At the close of the plaintiffs' case, the Chancery Court sustained the defendant's demurrer to the plaintiffs' evidence and dismissed the complaint. Under the holding in Werbe v. Holt, 217 Ark. 198, 229 S.W.2d 225, and other cases,1

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