Foucar v. Holberg
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. Under the facts developed in evidence the appellee wag clearly an assignee of the term, and not a sub-tenant. 67 Mass. 329; 9 Pick. 53; 129 111. 318; 104 111. 160; 166 111. 361; 123 Pa. St. 576; 2 Dana, 294; 67 Ind. 513; 120 Mich. 48; 52 Miss. 155; 50 Mo. 319. Possession alone is prima facie sufficient, and to escape liability as assignee the defendant must prove that he held as sub-tenant. 2 Wend. 517; 139 Pa.
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Appeal from Sebastian Circuit Court; Daniel Hon, Judge; 1. Under the facts developed in evidence the appellee wag clearly an assignee of the term, and not a sub-tenant. 67 Mass. 329; 9 Pick. 53; 129 111. 318; 104 111. 160; 166 111. 361; 123 Pa. St. 576; 2 Dana, 294; 67 Ind. 513; 120 Mich. 48; 52 Miss. 155; 50 Mo. 319. Possession alone is prima facie sufficient, and to escape liability as assignee the defendant must prove that he held as sub-tenant. 2 Wend. 517; 139 Pa. St. 344; 19 Neb. 540; 2 N. H. 387; 25 Mo. App. 359; 8 Id. 223. See also Jones on Landlord and Tenant, § § 445, 446; 64 Md.…
1Opinion of the CourtMcCulloch, J.
Mrs. Ida L. Foucar, the appellant, owned a certain store house in the city of Fort Smith, and leased it to one Smith for a year from January 1, 1905, at the rental sum of $840 per annum, payable in equal monthly installments. She instituted this action against the appellee, Holberg, to recover $140 for the rent due for the months of November and December, 1905, alleging in her complaint that Smith had assigned- the lease contract to Holberg, and that the latter had occupied the house during the months named, but had refused to pay the rent.
It appears from the evidence adduced at the trial…
2Cases cited3 opinions
- Talbot v. WilkinsSupreme Court of Arkansas · 1876
- Hecht & Imboden v. CaughronSupreme Court of Arkansas · 1885
- Chamblee v. McKenzieSupreme Court of Arkansas · 1876
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