Legal Opinion · Dissent

International Paper Co. v. Warnix

Supreme Court of Arkansas

Decided April 6, 1964No. 5-3247Published

1DissentGeorge Rose Smith, J.

I think our decision in Brown Paper Mill Company v. Warnix is res judicata.

In the first case the plaintiff Brown alleged in its complaint that it was the owner of a strip of land about’ 50 feet wide bounded on the west by an old wire fence and on the east by a blazed line marked with red paint. Warnix filed a general denial. Lamb, the county surveyor, testified that the true line between the two forty-acre tracts was in fact about 80 feet east of the fence. That 30 feet, lying at a distance of from 50 to 80 feet east of the fence, is the property now in dispute.

In the Brown ease the…

2Cases cited1 opinion

  1. Thomas v. McCullumSupreme Court of Arkansas · 1940

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