Legal Opinion

Lewis v. Harper

Supreme Court of Arkansas

Decided May 30, 1921PublishedCited by 6 opinions

Appeal from Sebastian Circuit Court, Fort Smith District; John Brizzolara, Judge; The action of unlawful detainer does not lie to -determine the rights in the property sued for but only who is entitled to the present possession. 84 Ark. 220; 98 Id. 235; 100 Id. 629; 102 Id. 380. The lands were wild when defendants took possession under a contract with Robert Dunning to clear the land, and they did clear it under the agreement and put it in cultivation.

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Appeal from Sebastian Circuit Court, Fort Smith District; John Brizzolara, Judge; The action of unlawful detainer does not lie to -determine the rights in the property sued for but only who is entitled to the present possession. 84 Ark. 220; 98 Id. 235; 100 Id. 629; 102 Id. 380. The lands were wild when defendants took possession under a contract with Robert Dunning to clear the land, and they did clear it under the agreement and put it in cultivation. Under the testimony plaintiff can not take possession until the expiration of the time they were let to defendants. Plaintiff has invoked the…

1Opinion of the CourtWood, J.

The appellee brought this action against the appellants. He alleged that he was the owner of certain lands in Sebastian County, Arkansas, and that he was entitled to the possession of same; that the appellants entered into possession of the lands under an agreement with the appellee and Robert Dunning, who at that time owned an undivided one-half interest. By the terms of the contract the appellants were to clear the lands of standing timber, and as compensation for their services in so doing they were to have the possession of the lands free of rent for two years; that in the year 1919 the…

2Cases cited10 opinions

  1. Walden v. BodleySupreme Court of the United States · 1840
  2. Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
  3. Pickett v. FergusonSupreme Court of Arkansas · 1885
  4. Merryman v. BourneSupreme Court of the United States · 1870
  5. Gee v. HatleySupreme Court of Arkansas · 1914

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3Cited by6 opinions

  1. Bolin v. Drainage District No. 17Supreme Court of Arkansas · 1943
  2. Bass v. WilleySupreme Court of Arkansas · 1950
  3. Casey v. JohnsonSupreme Court of Arkansas · 1936
  4. O'Neal v. EllisonSupreme Court of Arkansas · 1979
  5. Worthen v. RushingSupreme Court of Arkansas · 1957

1 more not listed; retrieve them via the Exa API.

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