Fletcher v. Pfeifer
Supreme Court of Arkansas
Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. A lease of a building does not carry the soil under to any depth. 25 Ark. 441; 18 Utah 464; 68 Atl. 950; 35 S. E. 271; 118 Mass. 125. But if it did the landlord would have a right to make any use of the reversion that did not disturb or injure the tenant’s use of the leased premises. 36 Ga. 97, 104-5; 31 W. Ya. 621; 56 Mo.
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Appeal from Pulaski Chancery Court; John E. Martineau, Chancellor; 1. A lease of a building does not carry the soil under to any depth. 25 Ark. 441; 18 Utah 464; 68 Atl. 950; 35 S. E. 271; 118 Mass. 125. But if it did the landlord would have a right to make any use of the reversion that did not disturb or injure the tenant’s use of the leased premises. 36 Ga. 97, 104-5; 31 W. Ya. 621; 56 Mo. App. 133; 45 N. J. L. 37; 140 N. C. 422, and many others. 2. There was no breach of the covenant, nor eviction. 2 Devlin on Deeds, 1729; 168 N. Y. Supp. 1073; 31 N. Y. Super. (Sweeny) 25; 2 Tiffany, Land.…
1Opinion of the CourtMcCulloch, C. J.
Defendants are the owners of a space of ground in the city of Little Rock one hundred feet wide, fronting east on Main Street, and running to Fourth Street on the south. The whole is covered by brick store buildings. The building on the south or Fourth Street side contained two storerooms, with a partition wall between, the north wall of which constituted the wall of the next building. In the year 1902 defendants leased those two stores to the plaintiffs for the term of ten years, with the privilege of renewal for a certain term at the end of the specified period. The contract (omitting…
2Cases cited5 opinions
- Cherry v. Canal Co.Supreme Court of North Carolina · 1906
- Collins v. KaratopskySupreme Court of Arkansas · 1880
- St. Louis, Iron Mountain & Southern Railway Co. v. HallSupreme Court of Arkansas · 1903
- Davis v. DavisSupreme Court of Arkansas · 1910
- Morrison v. LatimerSupreme Court of Georgia · 1874
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- Brown v. MyersSupreme Court of Arkansas · 1940
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