Hill v. Cherokee Construction Co.
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; 1. The -corn-plaint alleged -that appellant was in possession of all the l-ands and enjoying the rents and profits, to the exclusion of the other owners. Mere possession, it is true, by a co-tenant cannot defeat partition; but when it is admitted that the other owners have been “excluded,” then the co-tenant in possession'has all the rights that would accrue, to a stranger.
Read the full summary
Appeal from Sebastian Circuit Court, Greenwood District; Daniel Hon, Judge; 1. The -corn-plaint alleged -that appellant was in possession of all the l-ands and enjoying the rents and profits, to the exclusion of the other owners. Mere possession, it is true, by a co-tenant cannot defeat partition; but when it is admitted that the other owners have been “excluded,” then the co-tenant in possession'has all the rights that would accrue, to a stranger. Appellant’s demurrer to the complaint should have been sustained. 30 Cyc. 215, par. 4; Id. 191-2; Id. 1072; 43 N. C. 25; 25 Ark. 3591 55 N. E.…
1Opinion of the Court
Frauenthai,, J.
This was a suit instituted in the Sebastian Circuit Court to obtain the partition of a tract of land containing 476 acres, according to the respective interests of the parties therein. The complaint alleged that the plaintiff and defendants were the owners of the land as tenants in common. It was alleged that the land was originally owned by one J. M. Hill, who died intestate, leaving a number of children, who inherited tine same from him, and that through mesne conveyances the plaintiff below, the Cherokee Construction Company, had acquired and become the owner of the…
2Cases cited15 opinions
- McKneely v. TerrySupreme Court of Arkansas · 1896
- Moore v. GordonSupreme Court of Arkansas · 1884
- Portis v. HillTexas Supreme Court · 1848
- Criscoe v. HambrickSupreme Court of Arkansas · 1886
- Byers v. DanleySupreme Court of Arkansas · 1871
10 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Zackery v. WarmackSupreme Court of Arkansas · 1948
- Simmons v. TurnerSupreme Court of Arkansas · 1926
- Beattie v. McKinneySupreme Court of Arkansas · 1923
- Ashley v. GarrettSupreme Court of Arkansas · 1950
- Cole v. BurnettSupreme Court of Arkansas · 1915
2 more not listed; retrieve them via the Exa API.