Dunlap v. Moose
Supreme Court of Arkansas
Appeal from Perry Circuit Court; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Wm. L. Moose and J. W. Massey brought an action of unlawful detainer against A. L. B. Dunlap for possession of certain lands in Perry County, describing them, and alleged: “That, toeing the owners of said lands, on January 27, 1909, plaintiffs rented and leased the same to the defendant, A. B. B. Dunlap, for the remainder of the year 1909, and the defendant went into possession thereof and occupied…
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Appeal from Perry Circuit Court; F. Guy Fulk, Judge; STATEMENT BY THE COURT. Wm. L. Moose and J. W. Massey brought an action of unlawful detainer against A. L. B. Dunlap for possession of certain lands in Perry County, describing them, and alleged: “That, toeing the owners of said lands, on January 27, 1909, plaintiffs rented and leased the same to the defendant, A. B. B. Dunlap, for the remainder of the year 1909, and the defendant went into possession thereof and occupied and cultivated said lands as tenant of the planitiffs, and paid to plaintiffs the amount of rent for said premises which…
1Opinion of the Court
Kirby, J.,
(after stating the facts). The action of unlawful detainer is only to decide the right to the immediate possession of lands and tenements, and not to determine the right or title of the parties to or in them. A tenant cannot dispute the title of his landlord while he remains in .possession under him, nor acquire possession from the landlord by lease and then dispute his title, but must first surrender possession and bring his action. Washington v. Moore, 84 Ark. 220.
The portion of the defendant’s answer stricken out might have been, if true, a defense to an action of 'ejectment for…
2Cases cited1 opinion
- Washington v. MooreSupreme Court of Arkansas · 1907
3Cited by13 opinions
- Burton v. GormanSupreme Court of Arkansas · 1916
- Webb v. HerpinSupreme Court of Arkansas · 1950
- Adams v. PrimmerSupreme Court of Arkansas · 1912
- Casey v. JohnsonSupreme Court of Arkansas · 1936
- Cortiania v. FrancoSupreme Court of Arkansas · 1948
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