Brown v. Brown

John A. Fogleman, Justice,

concurring. 1 concur in the majority opinion and its result. The limitation on the fiduciary relationship between tenants in common stated in the dissent is far too narrow. In Brittin v. Handy, 20 Ark. 381, 73 Am. Dec. 497, the proper line was drawn and we have not departed from it. The relationship exists whenever the tenants in common hold, not only under a common ancestor, but also under one instrument, or as a result of the same purchase, or where they hold by the same title. The rule was not changed by the dictum quoted in the dissenting opinion from Trout v.…