Legal Opinion · Dissent

Dempsey v. Merchants National Bank

Supreme Court of Arkansas

Decided May 18, 1987No. 86-208Published

1DissentSteele Hays, Justice

I could agree with the majority if J & J Plumbing Company was adversely affected by the substitution of the lot correctly described for the lot incorrectly described. But it was not. In fact the correction benefitted J & J Plumbing because it, like the other materialmen, was placing materials on the lot to which the McGowans had no legal title and, but for the correction, its lien would have been worthless. Katterjohn Concrete Products v. Coffman, 264 Ark. 503, 573 S.W.2d 306 (1978). The erroneous description, by metes and bounds, described the property as:

Commencing at the Southeast corner…

2Cases cited6 opinions

  1. United States v. Westmoreland Manganese Corp.District Court, E.D. Arkansas · 1955
  2. Gaines v. ChildersOregon Supreme Court · 1901
  3. Caraway Bank v. United StatesSupreme Court of Arkansas · 1975
  4. Fort Smith Milling Co. v. MiklesSupreme Court of Arkansas · 1895
  5. Allen v. McGaugheySupreme Court of Arkansas · 1876

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