Ish v. Morgan, McRae & Co.
Supreme Court of Arkansas
APPEAL from Ouachita Circuit Court. Hon. B. F. Askew, Judge. The relation of landlord and tenant did not exist in this case, and that relationship must exist before the action of unlawful detainer can be brought.
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APPEAL from Ouachita Circuit Court. Hon. B. F. Askew, Judge. The relation of landlord and tenant did not exist in this case, and that relationship must exist before the action of unlawful detainer can be brought. Johnson et al. v. West etal., 1¡.1 Ark., 585; Byrd v. Chase, 10 Ark., 608. A mortgagee or purchaser under a mortgage or deed of trust has only a right of possession, and cannot bring this action, in order to obtain possession of the premises, and that was all the right plaintiff had in this case. Necklace v. West, 33 Ark., 688; Anderson o. Mills, Jfi Ark., 198; Bvertson v. Satton, 5…
1Opinion of the CourtCockuill, C. J.
The appellees obtained the possession of lands held by the appellant, in an action of unlawful detainer. The only question mooted at the trial that it is necessary to determine, in order to test the correctness of the judgment against the appellant, is, was he at the time the suit was instituted standing in the relation of tenant to the appellees within the meaning of the unlawful detainer act ?
Unlawful d e tai ner. Vendor and vendee.
The appellant was let into possession of the land by Robert Hampton, the then owner, under a written contract for a conveyance. "When this contract was executed…
2Cases cited7 opinions
- Gault v. StormontMichigan Supreme Court · 1883
- Wells v. SmithNew York Court of Chancery · 1837
- Stinson v. DousmanSupreme Court of the United States · 1858
- Nightingale v. BarensWisconsin Supreme Court · 1879
- Dunham v. TownsendMassachusetts Supreme Judicial Court · 1872
2 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- Wood v. KelseySupreme Court of Arkansas · 1909
- White v. PageSupreme Court of Arkansas · 1950
- Souter v. WittSupreme Court of Arkansas · 1908
- Whitham v. LehmerSupreme Court of Oklahoma · 1908
20 more not listed; retrieve them via the Exa API.