Parker v. Mobley

I would deny the rehearing. I adhere to the original opinion. Even a partial overruling of Reed v. Johnson, 200 Ark. 1075, 143 S.W. 2d 32 is not justified. It construed a statute and, if its holding is not literally a rule of property, it is in nature and effect.

Furthermore, the overruling or limitation of Reed is based in substantial part upon Ark. Stat. Ann. § 62-2117 (Repl. 1971). Neither the application of that statute nor its effect on the statutes (which were involved, and relied upon by the parties and this court) was an issue, either here or in the trial court. It was not mentioned…