Legal Opinion · Dissent

Rickett v. O'DELL

Court of Appeals of Arkansas

Decided April 28, 2004No. CA 02-1357Published

1DissentKaren R. Baker, Judge

The majority’s opinion is based upon two premises, neither of which is supported by the law or the facts in this case. The majority holds that, as a matter of law, Mrs. Smith’s reservation of a life estate in the O’Dells’ deed explained her continued possession of the Ricketts’ land. I can find no case that supports this premise, and the majority cites none. The reservation of the life estate describing the house and one acre was contained only in the deed conveying ownership to the O’Dells’ land. The separate deed to the Ricketts contained no reservation of any rights whatsoever.

The second…

2Cases cited12 opinions

  1. Stuttgart v. JohnSupreme Court of Arkansas · 1908
  2. Summers v. DietschCourt of Appeals of Arkansas · 1993
  3. Moses v. DautartasCourt of Appeals of Arkansas · 1996
  4. Davis v. BurfordSupreme Court of Arkansas · 1939
  5. White River Levee District v. ReidharCourt of Appeals of Arkansas · 2001

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