Prioleau v. Williams
Supreme Court of Arkansas
Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. The judgment is void. In unlawful detainer, no question of title, or estate, can be litigated. 9 Pac. 195; 34 Kan. 335; 40 Ark. 193; lb. 38; Kirby’s Dig., § 3698. The court had no jurisdiction to enter the judgment, and hence it is void. 109 U. S. 258; 131 Id. 176; 57 Ala. 628; 99 Mass. 267; 43 Mo. 502; 83 Va. 232; 83 Id. 338; 14 Cal. 479; 14 la. 211. 2. Proof that defendant was a tenant at will, demand of…
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Appeal from Lonoke Circuit Court; Eugene Lankford, Judge; 1. The judgment is void. In unlawful detainer, no question of title, or estate, can be litigated. 9 Pac. 195; 34 Kan. 335; 40 Ark. 193; lb. 38; Kirby’s Dig., § 3698. The court had no jurisdiction to enter the judgment, and hence it is void. 109 U. S. 258; 131 Id. 176; 57 Ala. 628; 99 Mass. 267; 43 Mo. 502; 83 Va. 232; 83 Id. 338; 14 Cal. 479; 14 la. 211. 2. Proof that defendant was a tenant at will, demand of possession and refusal are sufficient to maintain the action. 36 Ark. 518. 3. No fraud was proved, and the verdict is not…
1Opinion of the CourtFrauenthal, J.
This was an action of unlawful detainer, instituted by the appellant, Louise Prioleau, to recover possession of certain land in Lonoke County which she alleged in her complaint the defendant was holding as her tenant at will. An affidavit was filed in compliance with section 3634 of Kirby’s Digest in order to obtain the issuance of a writ of possession. This writ was issued, and thereupon the defendant executed a retention bond in pursuance of section 3638 of Kirby’s Digest, and retained possession of the land. The defendant filed an answer, denying the material allegations of the complaint,…
2Cases cited6 opinions
- Necklace v. WestSupreme Court of Arkansas · 1878
- Anderson v. MillsSupreme Court of Arkansas · 1882
- Walker v. McGillSupreme Court of Arkansas · 1882
- Bradley v. HumeSupreme Court of Arkansas · 1857
- Logan v. LeeSupreme Court of Arkansas · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Ray v. StroudSupreme Court of Arkansas · 1942
- Williams v. PrioleauSupreme Court of Arkansas · 1916
- Declerk v. SpikesSupreme Court of Arkansas · 1944
- Miller v. PlummerSupreme Court of Arkansas · 1912
- McGee v. NuckolsDistrict Court, E.D. Arkansas · 1955
1 more not listed; retrieve them via the Exa API.