State v. Robinson
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court, Chickasawba District; Wm. F. Kirsch, Special Judge; 1. The lease to Mauldin was void, hut even if void the relation of landlord and tenant did exist and this suit in unlawful detainer was properly brought. 11 Cyc. 469; 18 L. R. A. 447; 7 Id. 160. Kirby & Castle’s Digest, §§ 5659-61, expressly limits the power of the county judge to five years in leasing school lands, etc.
Read the full summary
Appeal from Mississippi Circuit Court, Chickasawba District; Wm. F. Kirsch, Special Judge; 1. The lease to Mauldin was void, hut even if void the relation of landlord and tenant did exist and this suit in unlawful detainer was properly brought. 11 Cyc. 469; 18 L. R. A. 447; 7 Id. 160. Kirby & Castle’s Digest, §§ 5659-61, expressly limits the power of the county judge to five years in leasing school lands, etc. Ill Ark. 329 is decisive of this case. 2. Entry, occupation and payment of rent under a void lease creates the relation of landlord and tenant Unlawful detainer was the proper remedy.…
1Opinion of the CourtSmith, J.
This is an action in unlawful detainer brought to recover possession of a portion of section 16, township 15 north, range 12 east, Mississippi County, Arkansas, and rent thereon for the year 1918.
In 1909 the county judge of that county leased the entire section to Lee Wilson & Company, a corporation. That contract of lease was not dated, but it became effective January 1,1909, and expired January 1, 1913. This contract gave Wilson & Company “the use and free access of said sixteenth section for the above term of four years, with the privilege of cutting and removing what timber they wish from…
2Cases cited1 opinion
- School District No. 36 v. GladishSupreme Court of Arkansas · 1914
3Cited by2 opinions
- Quayle v. StoneIdaho Supreme Court · 1926
- Hamilton Coal & Coke Co. v. JohnsSupreme Court of Arkansas · 1928