Gibson v. Gibson

George Rose Smith, Justice.

This is the second appeal in this case. Gibson v. Gibson, 264 Ark. 418, 572 S.W. 2d 146 (1978). We are of the opinion that the pivotal issue — the appellant’s right to obtain a partition of the property in question — was decided on the first appeal, when all the essential facts were before us. Nevertheless, as the appellees argue several issues that were not argued on the first appeal, we shall discuss the case in some detail.

The facts are simple. The appellant’s husband, Herman Gibson, owned 585.21 acres of land at his death in 1976. He was survived by the…