Ritchie v. Johnson
Supreme Court of Arkansas
APPEAL from Miller Circuit Court in Chancery. C. E. Mitchel, Circuit Judge. All who enter upon land pending an action of ejectment are subject to be removed by final process. 3 Sneed, 85; Qwynne on Sheriff's, 418; TO Allen. 136; 2 A. K. Marsh,. 40; -4 Ala., 592; 41 Cal., 501. A person in possession when restitution is ordered, is. presumed to hold under the defendant and to avoid dispossession must show affirmatively an' independent and paramount right. 22 Cal., 200. This…
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APPEAL from Miller Circuit Court in Chancery. C. E. Mitchel, Circuit Judge. All who enter upon land pending an action of ejectment are subject to be removed by final process. 3 Sneed, 85; Qwynne on Sheriff's, 418; TO Allen. 136; 2 A. K. Marsh,. 40; -4 Ala., 592; 41 Cal., 501. A person in possession when restitution is ordered, is. presumed to hold under the defendant and to avoid dispossession must show affirmatively an' independent and paramount right. 22 Cal., 200. This presumption is not-overcome in this case. ' Under the writ of assistance no one can be ejected except a party to the suit.…
1Opinion of the Court
ValeNtiNe, Special Judge.
On the 24th of October, 1878, James Ritchie brought suit by ejectment in the Miller circuit court against Bero Berliner and Sarah L. Berliner his wife, for the recovery of lot number (5) five, in block number (73) seventy-three, in the town of Tex-arkana, Arkansas.
Pending the subsequent litigation, Ritchie died, having previously conveyed the property to his wife, Lucy Ritchie.
The case was afterwards transferred to the equity docket, and at the July term, 1885, a decree was rendered in favor of the defendant, Sarah L. Berliner, as the owner and party in possession of…
2Cases cited8 opinions
- Howard v. Kennedy's Exr'sSupreme Court of Alabama · 1843
- Sampson v. OhleyerCalifornia Supreme Court · 1863
- Hanson v. ArmstrongIllinois Supreme Court · 1859
- Ford v. DoyleCalifornia Supreme Court · 1869
- Garrison v. SavignacSupreme Court of Missouri · 1857
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Landregan v. PeppinCalifornia Supreme Court · 1892
- Hobbs v. LenonSupreme Court of Arkansas · 1935
- Wyatt v. WycoughSupreme Court of Arkansas · 1960