Halliburton v. Sumner
Supreme Court of Arkansas
APPEAL FROM ARKANSAS CIRCUIT COURT. We submit that, by the purchase of the appellant at the administrator’s sale, the relationship of landlord and tenant was created between him and the appellee holding under the lease. 1 Washb.
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APPEAL FROM ARKANSAS CIRCUIT COURT. We submit that, by the purchase of the appellant at the administrator’s sale, the relationship of landlord and tenant was created between him and the appellee holding under the lease. 1 Washb. Real Prop., 445. This being true his action was properly brought and his case fully made out. 13 Ark., 448; 18 Id. 284-304. That the Legislature could not take away the jurisdiction of the Circuit Courts in such action; 4 Ark., 147; 7 Id. 173. But if the act attempting to take away jurisdiction is of any validity, not repealing expressly the jurisdiction in the…
1Opinion of the CourtBennett, J.
W. II. Halliburton and William A. Sample brought an action of unlawful detainer against Jacob B. Sumner, in the Arkansas Circuit Court, at the May term 1870, for the recovery of the possession of certain lands in that county.
The issues joined, in the court below, wore submitted to a jury which found for the defendant. Erom which verdict and • judgment the plaintiffs appealed.
But two questions are presented in the motion for a new trial:
First. Had the Circuit Court jurisdiction in an action of unlawful detainer?
Second. Was there such a relationship of landlord and tenant existing between the…
2Cases cited1 opinion
- Wagner v. CohenCourt of Appeals of Maryland · 1847
3Cited by2 opinions
- Hollman v. J. S. Pattison & Co.Nebraska Supreme Court · 1920
- Thomason v. McLaughlinCourt Of Appeals Of Indian Territory · 1907