Clauss v. Baumgartner

Ed. F. McFaddin, Associate Justice.

This case involves accretions claimed by adjacent riparian owners on the west bank of the Arkansas River in Logan County. The appellants insist that the accretions should be apportioned according to the rule stated in Malone v. Mobbs, 102 Ark. 542, 145 S. W. 193, 146 S. W. 143 and reiterated in Hamilton v. Horan, 193 Ark. 85, 97 S. W. 2d 637. The appellees recognize the rule of these cases; but claim that in this case there was an agreement as to the boundary line, and that such agreement is decisive of the case.1

Appellants, Mr. and Mrs. Clauss, owned lands…