Barraclough v. Arkansas Power & Light Co.

David Newbern, Judge.

The appellants ask us to reverse a summary judgment which ruled against their ejectment claim. They had alleged that the appellee’s attempt to replace some wooden transmission poles with a steel tower was not permitted by an instrument which granted to the appellee an easement across their land. On the basis of the instrument creating the easement and verified affidavits submitted by the appellee, the court determined there was no outstanding, material issue of fact. The appellants contend no summary judgment should have been granted and the court erred in its application…