Byrd v. Chase
Supreme Court of Arkansas
Writ of Error to the Pulaski Circuit Court. The facts are stated by the Court. The 18¿/¿ sec. ch. 96, Dig., upon which this action is founded, is more extensive than the stat. 11 Geo. II, ch. 19, and gives a remedy in all cases where in justice and equity the occupant ought to pay rent.
Read the full summary
Writ of Error to the Pulaski Circuit Court. The facts are stated by the Court. The 18¿/¿ sec. ch. 96, Dig., upon which this action is founded, is more extensive than the stat. 11 Geo. II, ch. 19, and gives a remedy in all cases where in justice and equity the occupant ought to pay rent. That our statute has extended the remedy, see Fitzgerald et al. vs. Beebe, (2 Eng. 305.) The action is not upon the contract of sale; there was no written contract for payment of rent; but as the defendant occupied the plaintiff’s land, abandoned it, and refused to comply with the contract of sale, he ought in…
1Opinion of the CourtJustice Walker
This was an action of assumpsit for the use and occupation of land. It appears from, the evidence that Byrd conveyed by deed to Chase certain lands, and that in the deed there were certain covenants and conditions relative to the consideration to be paid and to the purchase of certain supposed incumbrances to Byrd’s title. Under this purchase, Chase immediately entered with the consent of Byrd and took possession of the lands. After enjoying their use and occupation for about a year, he abandoned the premises, and refused to comply with the covenants in the deed. The use of the lands, whilst…
2Cases cited5 opinions
- Codman v. JenkinsMassachusetts Supreme Judicial Court · 1817
- Featherstonhaugh v. BradshawNew York Supreme Court · 1828
- Wood v. WilcoxCourt for the Trial of Impeachments and Correction of Errors · 1845
- Vandenheuvel v. StorrsSupreme Court of Connecticut · 1819
- Newell v. GriswoldNew York Supreme Court · 1810