ARKANSAS COURT OF APPEALS

NOT DESIGNATED FOR PUBLICATION

JOHN MAUZY PITTMAN, JUDGE

DIVISION II

JOHN E. SEARCY, III

APPELLANT

V.

EMMETT DAVENPORT

APPELLEE

CA00-275

March 14, 2001

APPEAL FROM THE VAN BUREN COUNTY CHANCERY COURT

[NO. E97-198]

HON. CHARLES E. CLAWSON, JR.,

CHANCELLOR

AFFIRMED

This is an appeal from a decree quieting title to certain property in Van Buren County, Arkansas, and vesting title in appellee. For reversal, appellant contends that the chancellor erred and exceeded his chancery jurisdiction in quieting title in appellee, and in denying appellant's motions for a new trial and to amend the judgment. We affirm because appellant has failed to bring up a record sufficient to demonstrate error.

The record filed by appellant consists only of the order appealed from and the pleadings filed below, and does not include a transcript of the evidence presented to the chancellor at the hearing. All of appellant's arguments require us to refer to the facts presented at that hearing. Under these circumstances, we have no option but to affirm the chancellor's decision. The burden was on the appellant to bring up a record sufficient to demonstrate that the trial court was in error, and it is presumed that matters presented in a

hearing that are not in the record will support the trial court's findings. Davenport v. Pack, 35 Ark. App. 40, 812 S.W.2d 487 (1991).

Affirmed.

Crabtree and Roaf, JJ., agree.