Grammer v. Blansett
Supreme Court of Arkansas
Appeal from Benton Circuit Court; J. S. Maples, Judge; In this kind of action neither the title nor the right to possession is in controversy. 79 S. W. 988. It is purely a^tort, and can only be resorted to to protect actual possession; and the plaintiff’s possession must be actual, and the defendant’s entry-and subsequent holding must be forcible. 41 Ark. 535. Force is the gist of the action, and it must be actual and hostile. 38 Ark. 257. See also 69 Ark. 34; 49 Cal. 74; 19…
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Appeal from Benton Circuit Court; J. S. Maples, Judge; In this kind of action neither the title nor the right to possession is in controversy. 79 S. W. 988. It is purely a^tort, and can only be resorted to to protect actual possession; and the plaintiff’s possession must be actual, and the defendant’s entry-and subsequent holding must be forcible. 41 Ark. 535. Force is the gist of the action, and it must be actual and hostile. 38 Ark. 257. See also 69 Ark. 34; 49 Cal. 74; 19 Cyc. 1132. Acts which constitute a mere trespass will not support the action. To render an entry forcible, it must be…
1Opinion of the CourtBattle, J.
This is an action of forcible entry and detainer, which was instituted by John H. Blansett against John C. Grammer in the Benton Circuit Court to recover possession of certain land. Plaintiff alleges substantially as follows: On the 12th day of January, 1909, he leased from Clementine Boles a certain tract of land, and immediately took possession of it,' and thereafter fenced with a substantial fence fifteen acres thereof, and was clearing the "same preparatory to cultivating crops thereon for the year 1909, and was in the open, actual and ex-elusive possession of the fifteen acres and in…
2Cases cited4 opinions
- Iron Mountain & Helena Railroad v. JohnsonSupreme Court of the United States · 1887
- Littell v. GradySupreme Court of Arkansas · 1882
- Anderson v. MillsSupreme Court of Arkansas · 1882
- Hall v. TrucksSupreme Court of Arkansas · 1881
3Cited by2 opinions
- Eubanks v. First Mount Vernon Industrial Loan Assoc., Inc.Court of Special Appeals of Maryland · 1999
- Robbins v. PageSupreme Court of Arkansas · 1950