Montgomery v. Massey
Supreme Court of Arkansas
Appeal from Conway Circuit Court; A. B. Priddy, Judge; Appellant was in possession of the land and did not obtain possession by virtue of his contract with appellees, and he did not have to surrender the possession in order to set up title as their rights were not prejudiced by reason thereof. 112 Ark. 105; 33 Cal. 237. It was reversible error in the circuit court to sustain plaintiff’s demurrer to the answer of the defendant.
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Appeal from Conway Circuit Court; A. B. Priddy, Judge; Appellant was in possession of the land and did not obtain possession by virtue of his contract with appellees, and he did not have to surrender the possession in order to set up title as their rights were not prejudiced by reason thereof. 112 Ark. 105; 33 Cal. 237. It was reversible error in the circuit court to sustain plaintiff’s demurrer to the answer of the defendant. Appellant having. recognized appellees ’ right and renewed his rental contract for 1919, and executed note therefor, can not dispute his landlord’s title or right or…
1Opinion of the CourtSmith, J.
This suit was brought in the court of a justice of the peace upon the following note:
“On October 15, 1919,1 promise to pay to the order of E. J. M'assey and J. C. Ramsey, or their assigns, one hundred and twenty dollars, with interest from maturity until paid, at the rate of 10 per cent, per annum after maturity, and with 10 per cent, attorney’s fee if placed in the hands of an attorney for collection, payable out of the first and all crops harvested from said lands at Morrilton, Arkansas, being for the rent for year 1919, of the farm herein described.
“And I further promise that I will not…
2Cases cited5 opinions
- Dickinson v. Arkansas City Improvement Co.Supreme Court of Arkansas · 1906
- Pickett v. FergusonSupreme Court of Arkansas · 1885
- Burton v. GormanSupreme Court of Arkansas · 1916
- Dunlap v. MooseSupreme Court of Arkansas · 1911
- Brewer v. KeelerSupreme Court of Arkansas · 1883
3Cited by1 opinion
- Garrett v. EdwardsSupreme Court of Arkansas · 1925