Logan v. Lee
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. C. PL Mitchel, Judge. Action of forcible entry. — The Hamilton brothers sold to Dismukes the land, the possession of which is in controversy. Lee leased the land from Dismukes. Afterwards, but before delivering possession to Lee, Dismukes rescinded his contract of purchase and surrendered the land to the Hamiltons who placed their agent, Roberts, in possession. By means of threats and force Lee obtained possession from Roberts.
Read the full summary
APPEAL from Miller Circuit Court. C. PL Mitchel, Judge. Action of forcible entry. — The Hamilton brothers sold to Dismukes the land, the possession of which is in controversy. Lee leased the land from Dismukes. Afterwards, but before delivering possession to Lee, Dismukes rescinded his contract of purchase and surrendered the land to the Hamiltons who placed their agent, Roberts, in possession. By means of threats and force Lee obtained possession from Roberts. The Hamiltons sold the land to Logan and gave him an order on Roberts for the possession. Finding Lee in possession, Logan sued for…
1Per curiam
When the defendant returned to the premises in question, he found the plaintiff’s vendor in the peaceable possession through his agent, Roberts, who forbade his entry. Through threats, which amounted to force, he entered into possession. The remedy adopted in this'suit was designed to protect the actual possession whether right or wrong. Johnson v. West, 41 Ark., 540. Whatever the defendant’s rights under his contract of lease may be, he can not litigate them in this action.
The first instruction given at the instance of the defendant was erroneous, and the judgment must be reversed and the…
2Cited by5 opinions
- Vinson v. FlynnSupreme Court of Arkansas · 1897
- Washington v. MooreSupreme Court of Arkansas · 1907
- Prioleau v. WilliamsSupreme Court of Arkansas · 1912
- Wall v. RoblingSupreme Court of Arkansas · 1944
- McGee v. NuckolsDistrict Court, E.D. Arkansas · 1955