Fairhurst v. Lewis
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court. Hon. H. F. Fairchild, Chancellor. Jonathan Lewis, the father, was not a competent witness for the appellee. He was in possession of the property in controversjr, and the effect oí his evidence was to enable him to retain the possession and use of the property. Gresly's Eq. Ev. 353, 354, 358; 2 Cowp. R. 621; 1 Hill (JV. F.) Rep. 100. Another effect was to release him from liability for rents accruing pend-the suit.
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Appeal from Pulaski Chancery Court. Hon. H. F. Fairchild, Chancellor. Jonathan Lewis, the father, was not a competent witness for the appellee. He was in possession of the property in controversjr, and the effect oí his evidence was to enable him to retain the possession and use of the property. Gresly's Eq. Ev. 353, 354, 358; 2 Cowp. R. 621; 1 Hill (JV. F.) Rep. 100. Another effect was to release him from liability for rents accruing pend-the suit. Without the testimony of Jonathan Lewis there was not sufficient proof of the allegations of the bill. And it must be borne in mind that the…
1Opinion of the CourtChief Justice English
Goodrich and Boardman were the joint owners of fractional lots No. 2 and 3, in Block No. 1, of Pope’s .Addition to the city of Little Rock, east of the Quapaw line. Goodrich died, leaving Boardman, who resided in New York, his executor.
On the 8th of December, 1854, Boardman conveyed the lots to Jonathan J^ewis, who had occupied a house upon the lots for some ten years before.
On the 15th May, 1855, Jonathan Lewis conveyed the lots to his son, John Lewis, the appellee, but continued to occupy the house upon them. ■
On the 2d of May, 1855, Jane Fairhurst, the appellant, commenced an action of…
2Cited by6 opinions
- Strickland v. BaughCourt of Appeals of Texas · 1914
- Biggs v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1909
- Frauenthal & Schwarz v. Bank of El PasoSupreme Court of Arkansas · 1926
- Kahre v. McCourtneySupreme Court of Arkansas · 1942
- Frauenthal & Schwarz v. Bank of El PasoSupreme Court of Arkansas · 1926
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