Palmer v. Palmer

Appellants Ben Palmer and wife Ida appeal from a jury verdict adjudging Appellees to be the owners of 10 acres of property-the subject matter of this dispute. We reverse and remand.

In 1939, Ben Palmer purchased 19 acres of land for $450.00. The 19 acres were divided by a public road, with approximately 10 acres located north of the road and 9 acres being south of the road. Ben Palmer already owned an additional 80-acre tract which joined the 10 acres on the north side of the road and gave his 80-acre tract access to the public road for the first time.

In 1949, Ben's brother, Chester, asked Ben…