Sewell v. Reed, 4-3437.

• Decision Date: 09 April 1934
• Docket Number: No. 4-3437.,4-3437.
• Parties: SEWELL et al. v. REED.
• Court: Arkansas Supreme Court

71 S.W.2d 191 SEWELL et al.
v.
REED. No. 4-3437. Supreme Court of Arkansas. April 9, 1934. Rehearing Denied May 28, 1934.

Appeal from Ouachita Chancery Court; Geo. M. LeCroy, Chancellor.

Suit by Joe Reed against Arthur W. Sewell and another, minors, by William L. O'Connell, guardian, and others. From a decree for plaintiff, defendants appeal.

Reversed and remanded, with directions.

Haynie, Parks & Westfall, of Camden, Nash & Ahern and Newby, Rathbun & Burditt, all of Chicago, Ill., and Coleman & Riddick, of Little Rock, for appellants.

Nace B. Crawford, of El Dorado, Remington Rogers, of Tulsa, Okl., and Coulter & Coulter, of El Dorado, for appellee.

BUTLER, Justice.

On the 23d day of May, 1933, Joe Reed, appellee, filed his complaint in the Ouachita

Page 192

chancery court, in which he alleged "that he, George Reed, Mary Reed Gaskin, Arthur W. Sewell and John W. Sewell, minors, heirs at law of Parthenia Berry Sewell, deceased, and certain other parties, the heirs at law of Millie Reed Weaver, deceased, were the owners as tenants in common of the west half of the northeast quarter and the east half of the northwest quarter of section 33, township 15 south, range 15 west in Ouachita County, Arkansas, and that they derived title to said lands through Fannie Reed, the common source, to whom a patent was issued from the United States on or about January 15, 1885.

"He stated that Fannie Reed died intestate in Ouachita County on April 2, 1885, seized and possessed of the lands above described, and leaving surviving as her heirs at law the following named persons; the plaintiff, Joe Reed, a son; George Reed, a son and defendant; Mary Reed Gaskin, a daughter and defendant; Millie Reed Weaver, a daughter and Nannie Reed Berry, a daughter, defendants.

"That Nannie Reed Berry died possessed of her interest in the property and leaving as her sole heir at law a daughter, Parthenia Berry Sewell, who later died without having alienated her interest in the property and leaving surviving as her sole heirs at law, defendants, Arthur W. Sewell and John W. Sewell, minors; that Millie Reed Weaver died intestate leaving surviving numerous heirs at law who were made parties defendant, but who are not parties to this appeal.

"That title to the above described property is now vested in the following persons as tenants in common as follows: In Joe Reed, plaintiff, an undivided one-fifth interest; in George Reed, an undivided one-fifth interest; in the minors, Arthur W. and John W. Sewell, through their mother, Parthenia Berry Sewell, heir at law of Nannie Reed Berry, an undivided one-fifth interest. In numerous defendants, heirs at law of Millie Reed Weaver, an undivided one-fifth interest.

"That the defendants have at all times mentioned been in possession of the lands described for the benefit of the plaintiff and said defendants; that on or about October 16, 1922, defendants sold a commercial oil and gas mining lease on the property for the sum of $70,000 but failed to account to the plaintiff for his interest; that since the sale of the lease the defendants have collected royalties under the lease amounting to more than $100,000 for which they have refused to account.

"That defendant, Chicago Title & Trust Company, holds certain sums of money for its wards, Arthur W. and John W. Sewell. That certain defendant oil companies (later dismissed by plaintiff), unless restrained would continue to pay over the royalties to plaintiff's cotenants to plaintiff's irreparable injury.

"Plaintiff prayed for an...