Supreme Court of Arkansas

Arlie Walls, Zelda Walls, Jonathan Hernandez De La Lama, and Ayesha Hernandez De La Lama v. Noble Humphries Elsie…

June 27, 20132013 Ark. LEXIS 327

Summary

The court reversed summary judgment for the oil-and-gas-rights purchasers because evidence that Hernandez possessed the property created a genuine factual issue concerning whether his possession was exclusive and therefore charged the purchasers with notice of his interest. The court also held that attorney fees were unavailable because the dispute concerned competing title claims, not breach of the agreements whose cancellation was sought. The case was remanded, and the lower appellate court's opinion was vacated.