FROM THE PULASKI COUNTY CIRCUIT COURT, FIFTH DIVISION [NO.
60CV-11-192] HONORABLE WENDELL GRIFFEN, JUDGE
Andrew Vines, P.A., by: J. Andrew Vines, for appellants.
Jeffrey Weber, for appellees.
PHILLIP T. WHITEAKER, Judge
Ida King and Kenneth Caldwell ("King and Caldwell")
appeal a Pulaski County Circuit Court order dismissing their
complaint for ejectment against appellees Leslie and Karen
Jackson. For the reasons set out below, we reverse
and Caldwell claim to be the owners of land located in
Pulaski County. The Jacksons claim ownership interest in a
partial tract of the same land. Both parties trace their
purported ownership interest back to Elbert Caldwell. Elbert
is the father of King and Caldwell. Elbert is the purported
seller of the interest purchased by the Jacksons.
and his wife purchased some property in Pulaski County,
Arkansas. The property encompassed by the warranty deed,
dated August 14, 1958, was more particularly described as:
All of Tract 4 and all of Tract 3, Except that part of Said
Tract 3 which lies North of Upper Hot Springs Highway, in
MARION ACRES ADDITION to Little Rock, Arkansas, subject to an
easement 20 ft in width along the East side thereof for road
warranty deed did not specify the aggregate amount of
1995, the Jacksons entered into some type of business
transaction with Elbert. The Jacksons contend that the
business transaction was a sale of land. King and Caldwell
contend that the business transaction was a ten-year lease.
Nevertheless, the Jacksons took possession of approximately
three of the acres purportedly conveyed to Elbert Caldwell in
1958. They initially placed a mobile home on the property,
which burned down in 1997. Afterwards, the Jacksons
constructed a 1400-square-foot home on the property over the
next ten to twelve years.
2008, Elbert issued two deeds to King and Caldwell. The first
was a warranty deed dated May 5, 2008 (Warranty
Deed). The second was a correction deed dated
August 6, 2008 (Correction Deed). The Correction Deed
described the property as:
Tract 4 and all of Tract 3 of Marion Acres Addition, Pulaski
County, Arkansas, more particularly described as follows
to-wit with the following EXCEPTIONS:
(1) Beginning at a point which is 20 feet west of the point
where the south side of the right-of-way of the Upper Hot
Springs Highway intersects the east side of Tract 3 MARION
ACRES ADDITION to Little Rock, thence west 104.4 feet, thence
south 417 feet, thence east 104.4 feet, thence north 417 feet
to the point of beginning, containing one acre, more or less.
(2) East 125 feet of that part of Tract 3 Marion Acres
Addition to Little Rock, Arkansas, lying South of Upper Hot
Springs Highway, less and except the ...