Hall v. Harrel
Supreme Court of Arkansas
Appeal from Lafayette Circuit Court; Geo. R. Haynie, Judge; 1. The court abused its discretion in refusing a continuance. 2. This is a possessory action; tbe right of ownership is not involved. It was error to place the burden of proof on appellant. The relation of landlord and tenant must exist. 128 Ark. 277. On the proof appellant was entitled to the possession. It was error to instruct for appellees.
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Appeal from Lafayette Circuit Court; Geo. R. Haynie, Judge; 1. The court abused its discretion in refusing a continuance. 2. This is a possessory action; tbe right of ownership is not involved. It was error to place the burden of proof on appellant. The relation of landlord and tenant must exist. 128 Ark. 277. On the proof appellant was entitled to the possession. It was error to instruct for appellees. The court erred in refusing to allow Bob Hall and Gladney and Maryman to testify.
1Opinion of the CourtMcCulloch, C. J.
Appellees instituted this action of unlawful detainer against appellant to recover possession of certain real estate in Lafayette County which appellees had rented to J. C. Cook and W. B. Center, and which appellant had subrented from Cook and Center. It is alleged in the complaint that appellant was wrongfully holding possession of the premises after the expiration of the lease under the contract between appellees and Cook and Center. Appellant denied that the lease had expired and alleged that on the contrary the premises were leased for the year 1918, during which period he was holding…
2Cases cited1 opinion
- St. Louis Southwestern Railway Co. v. MulkeySupreme Court of Arkansas · 1911
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