Arkansas, February, 2007, State Case law

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State Courts - Arkansas - February 14, 2007

Simmons v. Simmons, CA06-303, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 14, 2007, Decided
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Overview: A trial court erred by awarding a former wife an interest in land that a former husband inherited from his mother because a postnuptial agreement was not binding since the parties' marriage was not adequate consideration; moreover, there were no mutual obligations since the wife was not required to do anything.

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Southall v. Hill, CA06-504, COURT OF APPEALS OF ARKANSAS, DIVISION TWO, February 14, 2007, Decided
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Overview: In a quiet title action, a claim under Ark. Code Ann. ? 18-60-506 failed because two owners failed to present any instrument at trial that purported to convey them land lying west of a creek; the quantity in their deed yielded to the course and distance, which yielded to artificial and natural objects.

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White v. State, CACR06-413, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 14, 2007, Decided
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Overview: Evidence was insufficient to sustain defendant's possession conviction because the State failed to prove that defendant constructively possessed narcotics found on top of the kitchen cabinets in a jointly occupied apartment; other persons had access to the apartment, and none of defendant's possessions were found with the controlled substances.

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Whitten v. Rich, CA 06-530, COURT OF APPEALS OF ARKANSAS, DIVISION ONE, February 14, 2007, Decided
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Overview: Because an appeal from an order granting specific performance of a real estate contract did not dispose of appellees' claims for damages and there was no Ark. R. Civ. P. 54(b) certification made by the trial court, the appellate court did not have jurisdiction to entertain the appeal.

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