Davenport v. Devenaux
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. One who has not the title in fee, but who has the rightful control, use and profits of real property, can, without being in actual possession, maintain trespass against one who without right wrongfully ■ damages the same. Actual residence is not necessary. Thompson Home & Ex., Sec. 241; 10 Ark., 16; 3 A. K. Marsh, 331; 26 Kan., 269; 7 Id., 303; 27 Id., 348; 33 Vt., 643; 23 Penn.
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APPEAL from Washington Circuit Court. Hon. J. M. Pittman, Circuit Judge. One who has not the title in fee, but who has the rightful control, use and profits of real property, can, without being in actual possession, maintain trespass against one who without right wrongfully ■ damages the same. Actual residence is not necessary. Thompson Home & Ex., Sec. 241; 10 Ark., 16; 3 A. K. Marsh, 331; 26 Kan., 269; 7 Id., 303; 27 Id., 348; 33 Vt., 643; 23 Penn. St., 139; 3 Binney, Pa., 288. While it may be true that the injury was to the freehold, and that the heir could sue, it does not follow that the…
1Opinion of the CourtCockrill, C. J.
The appellant’s husband died in possession of a lot in the town of Fayetteville, in 1869. It was the family homestead at that time, and the appellant continued to reside there for a little more than a year after her husband’s death, when she removed to another residence, in the same town, which she owned in her own right, and has ever since made that her home. Her dower never having been assigned to her, she has retained the exclusive control of the residence of her deceased husband, renting it and treating it always as her own. In 1881 a railroad company procured a right of way across the…
2Cases cited9 opinions
- Gorham v. DanielsSupreme Court of Vermont · 1851
- McReynolds v. CountsSupreme Court of Virginia · 1852
- Benagh v. TurrentineSupreme Court of Alabama · 1877
- Gilbert v. KennedyMichigan Supreme Court · 1870
- Cox v. BryanCourt of Appeals of Maryland · 1895
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3Cited by6 opinions
- Stull v. GrahamSupreme Court of Arkansas · 1895
- Young v. VincentSupreme Court of Arkansas · 1910
- Stone v. StoneSupreme Court of Arkansas · 1932
- General Motors Acceptance Corp. v. Robinson (In re Robinson)United States Bankruptcy Court, E.D. Arkansas · 1982
- Opinion No., Arkansas Attorney General Reports1997
1 more not listed; retrieve them via the Exa API.