ARK.] BORDEN V. INDUSTRIAL FINANCE CO., INC. 13 BORDEN V. INDUSTRIAL FINANCE COMPANY, INC. 4-8628 214 S. W. 2d 363 Opinion delivered November 1, 1948. APPEAL AND ERROR.—An appellate court will adhere to a ruling in an earlier case which has become a rule of property, and appellants' tax title must be held invalid. Appeal from Little River Chancery Court ; A. P. Steel, Chancellor ; affirmed. JOhnson & Johnson, for appellant. Byron Goodson and E. K. Edwards, for appellee. ED F. MCFADDIN, Justice. The validity of appellants' tax title is the issue. With becoming candbr counsel for appellants say : "There is but one vital issue presented by this appeal. At the outset we agree that if Lumsden v. Erstine, 205 Ark. 1004, 172 S. W. 2d 409, 147 A. L. R. 1132, is yet the law in this State, then this case must be affirmed." It is true that Lumsden v. Erstine was decided by a divided Court, but the case has been subsequently cited with approval in opinions to which there were no recorded dissents. Lurasden v. Erstine has become a rule of property, and we continue to adhere to the holding of that case. Affirmed.
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