Bradley v. Hume
Supreme Court of Arkansas
Appeal from, the Circuit Court of Crittenden county. On demurrer to plea, the Court can only regard such defects in declaration as are absolutely fatal. 2 Ark. Rep. 115. The assignee of a lessee is a tenant, and subject to the same remedies as the original lessee; and so the assignee of lessor is landlord and entitled to the same remedies as original lessor. 2 Eng. 329; Arch. L. & T. 69, 70; Com.
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Appeal from, the Circuit Court of Crittenden county. On demurrer to plea, the Court can only regard such defects in declaration as are absolutely fatal. 2 Ark. Rep. 115. The assignee of a lessee is a tenant, and subject to the same remedies as the original lessee; and so the assignee of lessor is landlord and entitled to the same remedies as original lessor. 2 Eng. 329; Arch. L. & T. 69, 70; Com. L. & T. 257,258, 259. Act of January 19, 1855 cannot warrant assessment of damages on judgment for defendant. It can only apply to future cases. 1 Eng. 484.
1Opinion of the CourtChief Justice English
On the 11th of December, 1847, Bradley commenced an action of unlawful detainer against Hume, in the Crittenden Circuit Court, by filing the following declaration, etc.
“ Thomas H. Bradley, by attorney, complains of Weden M. Hume, etc., Wherefore, he unlawfully detains the possession of the lands and tenements of the said plaintiff, situate in said county, after the expiration of the right of the said defendant, etc., to the possession thereof, etc.
“ For that the said defendant, on or about the 24th day of October, 1843, at the county aforesaid, leased, rented and obtained of one Allanson…
2Cases cited4 opinions
- Holland v. ReedSupreme Court of Missouri · 1848
- Avery v. SmithIndiana Supreme Court · 1846
- Mason v. BascomCourt of Appeals of Kentucky · 1842
- Herndon v. BascomCourt of Appeals of Kentucky · 1839
3Cited by6 opinions
- Whitham v. LehmerSupreme Court of Oklahoma · 1908
- Prioleau v. WilliamsSupreme Court of Arkansas · 1912
- Miller v. PlummerSupreme Court of Arkansas · 1912
- McGee v. NuckolsDistrict Court, E.D. Arkansas · 1955
- Thomason v. McLaughlinCourt Of Appeals Of Indian Territory · 1907
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