Ark. State Highway Comm. v. Montgomery

Jim Johnston, Associate Justice.

This suit involves the ownership of a 5% foot strip of land across two lots along Highway 10 in Little Bock. During 1961 appellant Arkansas State Highway Commission reconstructed Highway 10, including the part of Highway 10 that is adjacent to the property of appellees, O. T. and Maudie Montgomery. On January 3,1963, appellees filed suit in Pulaski Chancery Court against appellant, alleging that appellant claimed a sixty foot right of way adjacent to their property, but in fact had only a forty foot right of way, that appellees had never been compensated for…