Boykin v. Jones
Supreme Court of Arkansas
Appeal from Lee Circuit Court. A purchaser pendente lite takes subject to the result of the suit. Freeman, Ex. § 475. As forcible entry and detainer is an action which excludes inquiry as to all defenses except as to the character of the possession, it was improper in this case. The sheriff was not a trespasser. 137 U. S. 43; 15 Wall. 671. In any event, appellee could not recover more than an individual half of the property held by her in common with appellants.
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Appeal from Lee Circuit Court. A purchaser pendente lite takes subject to the result of the suit. Freeman, Ex. § 475. As forcible entry and detainer is an action which excludes inquiry as to all defenses except as to the character of the possession, it was improper in this case. The sheriff was not a trespasser. 137 U. S. 43; 15 Wall. 671. In any event, appellee could not recover more than an individual half of the property held by her in common with appellants. Freeman, Cot. § 295. She could not acquire the interest of her cotenants under a tax sale. 40 Ark. 42. The tax deeds described…
1Opinion of the CourtBunn, C. J.
This is an action of “forcible entry,” by Lydia A. Jones, against the defendants, J. D. Boykin, G. W. Slaughter and DeWitt Anderson, for the possession of a lot in the town of Marianna, Lee county, the possession of which she alleged had been forcibly taken from her by defendants on the 3d day of May, 1897. The plaintiff claimed to be the owner of the lot or lots, and entitled to the possession of the same, and that at the time of said ouster she was in possession, and had been for a long time previously thereto.
The defendants, in their answer, deny that plaintiff was the owner of said land,…
2Cases cited1 opinion
- Wright v. WalkerSupreme Court of Arkansas · 1875
3Cited by2 opinions
- Boswell v. JordanSupreme Court of Arkansas · 1914
- State v. TownsendSupreme Court of Arkansas · 1923