Conolly v. Rosen
Supreme Court of Arkansas
Appeal from Garland Chancery Court; S. W. Leslie, Special Chancellor; According to the law and undisputed facts defendants either took possession of the six acres as tenants at will of the plaintiffs or they took same against their will, and in either event they were tenants at will of plaintiffs or they took forcible possession and unlawfully detained the same and they can not dispute plaintiff’s possession as long as they held the possession and could only do so after…
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Appeal from Garland Chancery Court; S. W. Leslie, Special Chancellor; According to the law and undisputed facts defendants either took possession of the six acres as tenants at will of the plaintiffs or they took same against their will, and in either event they were tenants at will of plaintiffs or they took forcible possession and unlawfully detained the same and they can not dispute plaintiff’s possession as long as they held the possession and could only do so after surrender. Any verbal license would only be good for one year. The clear preponderance of the evidence shows no fraud was…
1Opinion of the CourtSmith, J.
This suit was begun as an action in unlawful detainer by appellants, who were plaintiffs below, and it was alleged by them in their complaint that they had sold appellees a certain tract of land, reserving therefrom the six acres which forms the subject-matter of the litigation, and that appellees had unlawfully and wrongfully taken possession of said six acres and were forcibly and fraudulently detaining the same after demand therefor had been made in writing. There was a general denial of the allegations, and a prayer that appellees ’ title be quieted. By consent the cause was transferred…
2Cases cited2 opinions
- Mooney v. CooledgeSupreme Court of Arkansas · 1875
- Scott v. Dunkel Box & Lumber Co.Supreme Court of Arkansas · 1912
3Cited by5 opinions
- Cunningham v. DellmonSupreme Court of Arkansas · 1922
- Parker v. CherrySupreme Court of Arkansas · 1946
- Williams v. NelsonUtah Supreme Court · 1925
- Mushrush v. DowningSupreme Court of Arkansas · 1930
- Davis v. BradfordMissouri Court of Appeals · 1957