Legal Opinion · Concurrence

Carlton v. Baker

Court of Appeals of Arkansas

Decided December 19, 1979No. CA 79-181Published

1ConcurrenceDavid Newbern, Judge

I reluctantly agree with the result in this case. The statute, Ark. Stat. Ann.. § 67-552 (Repl. 1966), quoted in the majority opinion is subject to an interpretation which would permit a “designation in writing” to be construed as the writing on the certificate itself which, if accepted by the purchaser, could be interpreted readily as his designation. The analogy to a deed conveying land in joint tenancy would be strong. In the case of a deed, the grantee need sign nothing for the conveyance to be effected in that way.

Because of the decision in Willey v. Murphy, 247 Ark. 839, 448 S.W. 2d 341…

2Cases cited4 opinions

  1. Cook v. BevillSupreme Court of Arkansas · 1969
  2. Willey v. MurphySupreme Court of Arkansas · 1969
  3. Justice v. RinggoldSupreme Court of Arkansas · 1973
  4. Rolfe v. FrenchSupreme Court of Arkansas · 1973

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