HIBIBU KARNLEY, et al., Appellants, v. CIXON BROWN, et al., Appellees.
JUDGMENT WITHOUT OPINION. Decided January 2, 1976. Richard Diggs for appellants. Peter Amos George for appellees. When this case was called, Counsellor Richard Diggs appeared for the appellants and Counsellor Peter Amos George appeared for the appellees. During argument it was discovered that part of the arbitration documents that should have been in the record were missing, and that counsel were referring to documents dehors the record. The Court thereupon inquired of counsel on both sides if in the circumstances a fair judgment could be rendered, whereupon both sides agreed that the case be remanded. It is, therefore, adjudged that the case should be and is hereby remanded to the Sixth Judicial Circuit Court, with instructions that (a) the judge will resume jurisdiction and appoint a board of arbitrators composed of three surveyors ; one to be appointed by each of the parties, and one by the court. That this board will proceed to the area in which the land is located, and there in the presence of all of the parties concerned conduct a survey of the land in dispute, and write a report to be passed upon by the court; (b) that because of its having long pended, the case will be given priority over all matters now pending on the docket in that circuit. And the Clerk of this Court is ordered to send a man574