Supreme Court of Arkansas

Kenneth O. Nicholson v. Upland Industrial Development Company and Seeco, Inc.

September 13, 20122012 Ark. LEXIS 355

Summary

The court affirmed the quiet-title judgment holding that the deed's reservation of coal and mineral deposits included oil and gas because the evidence established that those substances were commonly recognized as minerals in the relevant area when the deed was executed. It also held that the appellants suffered no prejudice from the allocation of the burden of proof and had no constitutional right to a jury trial because the action was equitable in nature. The court declined to reach estoppel and laches because those theories were alternative grounds, and it held that the appellants lacked standing to challenge the attorney-fee award paid from funds belonging to Upland.