Eldred v. Johnson
Supreme Court of Arkansas
Appeal from Prairie Circuit Court. George M. Chapeine, Judge. STATEMENT BY THE COURT. In 1893 A. H. Johnson was the owner of a tract of land in Prairie County containing about ninety-one acres. Johnson was a nonresident of the State, and the land was in the possession of his tenant, G. W. Miller. E. B. Eldred also claimed title to this land, and in April, 1893, he brought an action of ejectment against Miller, the tenant, who was in possession of the land.
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Appeal from Prairie Circuit Court. George M. Chapeine, Judge. STATEMENT BY THE COURT. In 1893 A. H. Johnson was the owner of a tract of land in Prairie County containing about ninety-one acres. Johnson was a nonresident of the State, and the land was in the possession of his tenant, G. W. Miller. E. B. Eldred also claimed title to this land, and in April, 1893, he brought an action of ejectment against Miller, the tenant, who was in possession of the land. Miller made no defense, and a judgment by default was taken against him at the September term of the Prairie Circuit Court for the.…
1Opinion of the Court
Riddick, J.,
(after stating the facts.) This is an appeal
from a judgment against the defendant in an action of ejectment. The judgment was clearly right unless the plaintiffs are estopped by certain judgments set out in the answer of the defendant. One of these judgments was a judgment for the recovery of the possession of this land rendered in an action brought by the defendant here against a tenant of the ancestor of plaintiffs, but to which action the ancestor was not made a party. The other judgment was rendered in an action in equity brought by the ancestor of plaintiffs to have this…
2Cases cited4 opinions
- Smith v. GayleSupreme Court of Alabama · 1877
- Bradt v. . ChurchNew York Court of Appeals · 1888
- Davis v. SmithSupreme Judicial Court of Maine · 1887
- Lochner v. GarborinaCourt Of Appeals Of Indian Territory · 1901
3Cited by4 opinions
- Davis v. PerrymanSupreme Court of Arkansas · 1956
- Boswell v. JordanSupreme Court of Arkansas · 1914
- Wilson v. GaylordSupreme Court of Arkansas · 1906
- Opinion No., Arkansas Attorney General Reports1988