King v. Booth
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. On August 14, 1907, the plaintiff, J. G. Booth, brought this suit in the White Circuit Court against the defendant, E. M. King, and, for cause of action, alleged as follows: That he was the owner and entitled to the possession of the following described lands situate in White County, towit: the north y2 of the northwest and the southeast *4 of the northwest %, of sec. 24, twp. 6 north, range 8…
Read the full summary
Appeal from White Circuit Court; Hance N. Hutton, Judge; STATEMENT BY THE COURT. On August 14, 1907, the plaintiff, J. G. Booth, brought this suit in the White Circuit Court against the defendant, E. M. King, and, for cause of action, alleged as follows: That he was the owner and entitled to the possession of the following described lands situate in White County, towit: the north y2 of the northwest and the southeast *4 of the northwest %, of sec. 24, twp. 6 north, range 8 west, containing in all 120 acres, more or less. That said lands are wild and unoccupied, and that on or about the 1st…
1Opinion of the Court
Hart, J.,
(after stating the facts). The appellant first contends that appellee could not maintain the action because he was not in the possession of the land, claiming to be the owner thereof; but the court has held adversely to his, contention. In discussing the question in the recent case of Crowder v. Fordyce Lumber Co., 93 Ark. 392, the court held that such action is not one for damages for an injury to the possession of the land, but was one to recover damages for permanent injury to the freehold, and that the holder of the legal title, although not in possession, could maintain the…
2Cases cited7 opinions
- Earle Improvement Co. v. ChatfieldSupreme Court of Arkansas · 1907
- Buckner v. SuggSupreme Court of Arkansas · 1906
- Richardson v. StateSupreme Court of Arkansas · 1905
- Wells v. ChaseSupreme Court of Arkansas · 1905
- Crowder v. Fordyce Lumber Co.Supreme Court of Arkansas · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Brinkley v. HalliburtonSupreme Court of Arkansas · 1917
- Hayden v. HillSupreme Court of Arkansas · 1917
- Bunch v. JohnsonSupreme Court of Arkansas · 1919
- Graham v. QuarlesSupreme Court of Arkansas · 1944
- Guy v. StanfieldSupreme Court of Arkansas · 1916
5 more not listed; retrieve them via the Exa API.