Perry v. Arkadelphia Lumber Co.
Supreme Court of Arkansas
Appeal from Clark Circuit Court; Joel D. Conway. Judge; Appellant’s testimony is uncontradicted that he purchased the land from appellee January 4, 1896, built a dwelling and moved thereon within two months thereafter, and has continuously held the land as his own property until bringing of this suit. Pie has acquired title by more than seven years’ adverse possession, and the signing of a lease agreement after the title had thus matured would not defeat that title.
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Appeal from Clark Circuit Court; Joel D. Conway. Judge; Appellant’s testimony is uncontradicted that he purchased the land from appellee January 4, 1896, built a dwelling and moved thereon within two months thereafter, and has continuously held the land as his own property until bringing of this suit. Pie has acquired title by more than seven years’ adverse possession, and the signing of a lease agreement after the title had thus matured would not defeat that title. The proof shows that the land was appellant’s homestead when the lease was signed. The lease was therefore invalid. Kirby’s…
1Opinion of the CourtHiEE, C. J.
The Arkadelphia Lumber Company brought an unlawful detainer action against Plenry Perry and Rachel Perry, his wife, alleging that they were unlawfully in possession of a forty-acre tract under lease dated December 4, 1903; that the terms of the lease were broken, and after demand they had refused to deliver possession. The defendants answered, denying that they had leased the land of the Lumber Company, and alleged that in January, 1896, they had purchased the same from the Lumber Company, and shortly thereafter went into possession under said purchase, and had continuously from that time…
2Cases cited1 opinion
- Tillar v. ClaytonSupreme Court of Arkansas · 1905
3Cited by5 opinions
- Little Rock & Fort Smith Railway Co. ex rel. St. Louis, Iron Mountain & Southern Railway Co. v. RankinSupreme Court of Arkansas · 1913
- Cleary v. Sledge Properties, Inc.Court of Appeals of Arkansas · 2010
- J. I. Porter Lumber Company v. BonnerSupreme Court of Arkansas · 1927
- Evans v. Jeffries, GuardianSupreme Court of Arkansas · 1946
- Evans v. Jeffries, GuardianSupreme Court of Arkansas · 1946