Wilson v. Rodgers

George Rose Smith, Justice.

This is the third appeal in a suit to determine whether certain real property was owned by two brothers as partners or by only one brother individually. Upon the second appeal it did not appear that the chancellor had considered the entire record in deciding disputed issues of fact. We found the evidence to be so evenly balanced that we could not say where the preponderance lay. We therefore remanded the case for the chancellor’s decision upon that point, on the entire record but without additional testimony. Wilson v. Rodgers, 254 Ark. 487, 494 S.W. 2d 484 (1973).

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