Bolen v. Cumby
Supreme Court of Arkansas
APPEAL from Desha Circuit Court. W. P. Grace, Special Judge. Action of ejectment by Lelia Cumby and another against Abe Bolen. Defendant claimed the land under a tax title. The court held the tax forfeiture void, found that defendant had placed improvements on the land worth $443.50 and received rents worth $390.00, and rendered judgment in favor of plaintiff for the possession of the land with a lien in defendant’s favor for $53.50 for betterments. Defendant appealed.
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APPEAL from Desha Circuit Court. W. P. Grace, Special Judge. Action of ejectment by Lelia Cumby and another against Abe Bolen. Defendant claimed the land under a tax title. The court held the tax forfeiture void, found that defendant had placed improvements on the land worth $443.50 and received rents worth $390.00, and rendered judgment in favor of plaintiff for the possession of the land with a lien in defendant’s favor for $53.50 for betterments. Defendant appealed. Subsequently appellees in this court moved to dismiss the appeal because, after the rendition of the judgment appealed from,…
1Opinion of the CourtCockrill, C. J.
1. Waiverof appeal. A defendant in an action of ejectment against whom judgment is rendered may submit to the judgment and surrender the possession, without impairing his right -of appeal. Again, a party may prosecute his appeal from a judgment, partly in his favor and partly against him, even after accepting the benefit awarded him by the judgment, provided the record discloses that what he recovers is his in -any event — that is, whether the judgment be reversed or affirmed. But he waives his right to an appeal by accepting a ■benefit which is inconsistent with the claim of right he seeks…
2Cases cited2 opinions
- Dakota County v. GliddenSupreme Court of the United States · 1885
- Elwell v. FosdickSupreme Court of the United States · 1890
3Cited by28 opinions
- Tyler v. SheaNorth Dakota Supreme Court · 1894
- Shepherd v. State Auto Property & Casualty InsuranceSupreme Court of Arkansas · 1993
- Stemmer v. Scottish InsuranceOregon Supreme Court · 1898
- Erickson v. BootheCalifornia Court of Appeal · 1947
- Ehrman v. Astoria Railway Co.Oregon Supreme Court · 1894
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