Hall v. Trucks
Supreme Court of Arkansas
APPEAL from Dorsey Circuit Court. Hon. T. F. Sorrells, Circuit Judge. STATEMENT. Trucks sued Hall in an action of forcible entry and detainer for a tract of land in Dorsey county, alleging that he was the owner, and entitled to the immediate possession of it, and that Hall, on the-day of-, 1878, “did forcibly enter upon it, and now unlawfully detains and withholds the same from his possession.”
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APPEAL from Dorsey Circuit Court. Hon. T. F. Sorrells, Circuit Judge. STATEMENT. Trucks sued Hall in an action of forcible entry and detainer for a tract of land in Dorsey county, alleging that he was the owner, and entitled to the immediate possession of it, and that Hall, on the-day of-, 1878, “did forcibly enter upon it, and now unlawfully detains and withholds the same from his possession.” Hall answered, claiming title in himself, and denying that he forcibly entered upon the land, or unlawfully detained it. The proof showed that Trucks was the owner of the tract, and Hall owned the…
1Opinion of the CourtHarrison, J.
The Act of March 2, 1875, under which this action was brought, is, as was remarked in Dortch et al v. Robinson et al, 31 Ark., 296, a re-enactment of Chapter 72 —title, “Forcible Entry and Detainer” — of Gould’s Digest; and it was decided in McGuire v. Cook, 13 Ark., 448, that the remedy provided by it is not intended to take the place of the action of ejectment, but its object is to restore possession forcibly taken or unlawfully detained, without regard to the ownership or title to the property. It can only be resorted to in the case of a forcible entry, or a turning out by force, or when…
2Cited by5 opinions
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- Miller v. PlummerSupreme Court of Arkansas · 1912
- Grammer v. BlansettSupreme Court of Arkansas · 1910
- Riley v. CatronCourt Of Appeals Of Indian Territory · 1902
- Towell v. EtterSupreme Court of Arkansas · 1900