Legal Opinion

McCauley v. Hazlewood

Court of Appeals for the Eighth Circuit

Decided January 29, 1894No. 228PublishedCited by 6 opinions

In Error to the United States Court in the Indian Territory. At Law. Action of unlawful detainer, brought by Collett E. Mc-Cauley against J. M. Hazlewood. The court directed a verdict for defendant, and plaintiff brings error.

1Opinion of the Court

THAYEB, District Judge.

The only question that arises upon the present record is" whether a vendee of a leasehold term can maintain an action of unlawful detainer against his vendor, if the latter refuses to surrender possession of the premises at the time stipulated in the contract of sale. This question is to be determined with reference to the Arkansas statute concerning unlawful deiainer, which has been extended over the Indian Territory, and isas follows:

•‘See. 3348. When any person shall wilfully and with force hold over any lands, tenements or other possessions after the determination…

2Cases cited4 opinions

  1. Johnson v. WestSupreme Court of Arkansas · 1883
  2. Necklace v. WestSupreme Court of Arkansas · 1878
  3. Mason v. DelancySupreme Court of Arkansas · 1884
  4. Dortch v. RobinsonSupreme Court of Arkansas · 1876

3Cited by6 opinions

  1. Conrad v. WestCalifornia Court of Appeal · 1950
  2. Battle v. AtkinsonU.S. Circuit Court for the District of Eastern Arkansas · 1902
  3. Sanders v. ThorntonCourt of Appeals for the Eighth Circuit · 1899
  4. Hardy v. KetchumCourt of Appeals for the Eighth Circuit · 1895
  5. Wilcoxen v. HybargerCourt Of Appeals Of Indian Territory · 1897

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API