Clemm v. Wilcox
Supreme Court of Arkansas
Writ of Error to Crawford Circuit Cowrt. The Hon. A. B. CegeNWOod, Circuit Judge. A tenant may dispute the title of his landlord, when he disclaims the tenure, and claims the fee in his own right, and the landlord has notice thereof, and the relation of landlord and tenant theretofore existing is put an end to.
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Writ of Error to Crawford Circuit Cowrt. The Hon. A. B. CegeNWOod, Circuit Judge. A tenant may dispute the title of his landlord, when he disclaims the tenure, and claims the fee in his own right, and the landlord has notice thereof, and the relation of landlord and tenant theretofore existing is put an end to. Walden et al. vs. Bodly, 14 Peters S. C. Rep. 156; Jackson vs. Davis, 5 Cow. 123; Jackson vs. Rowland, 6 Wend. 666; Jackson ex. dem., Waldron & Eltie, his wife vs. Welden, 3 J. R. 283.
1Opinion of the CourtJustice Waleek
This was an action of assumpsit, tried in the Crawford Circuit Court; and, by consent of parties, submitted, upon the general issue, to the Court sitting as a jury, upon the following agreed state of facts: That the plaintiff’s intestate, in his [life-time, entered into an agreement with John Drennen for the purchase of two town lots, and thereafter intestate erected a two-story brick house, and other buildings, upon the lots; that intestate resided upon the lots until his death, without having paid the purchase money for them; that "Wilcox, as administrator, rented the premises to the…
2Cases cited3 opinions
- Jackson ex dem. Russell v. RowlandNew York Supreme Court · 1831
- Bank of Utica v. MersereauNew York Court of Chancery · 1848
- Reed v. ShepleySupreme Court of Vermont · 1834
3Cited by3 opinions
- Vinson v. FlynnSupreme Court of Arkansas · 1897
- Hill v. BarnardSupreme Court of Arkansas · 1949
- Johnson v. Louisiana Ry. & Nav. Co.Supreme Court of Louisiana · 1922