Hallbrooks v. Rosser
Supreme Court of Arkansas
Appeal from Woodruff-Circuit Court, Southern District; J. M. Jachson, Judge; 1. Appellant leased the land for 1919 on the same terms that he had occupied the premises for six years, and under the evidence appellant had the right to the farm for the year 1919. 2. Appellant did not forfeit his right to remain on the farm by reason of failing to pay rent, as he paid it as agreed, and owed appellee nothing. 3. The court erred in giving instruction No. 1 for appellee, which was…
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Appeal from Woodruff-Circuit Court, Southern District; J. M. Jachson, Judge; 1. Appellant leased the land for 1919 on the same terms that he had occupied the premises for six years, and under the evidence appellant had the right to the farm for the year 1919. 2. Appellant did not forfeit his right to remain on the farm by reason of failing to pay rent, as he paid it as agreed, and owed appellee nothing. 3. The court erred in giving instruction No. 1 for appellee, which was stressed by giving No. 2; also in refusing the first instruction asked by defendant. The verdict is contrary to the proof…
1Opinion of the CourtMcCulloch, C. J.
This is an action of unlawful detainer instituted against appellant by appellee, Harry Rosser, to recover possession of certain farm land owned by appellee and occupied by appellant as appellee’s tenant. Appellee prevailed in the trial below and judgment was entered in his favor on the verdict of the jury for recovery of possession of the premises in controversy, and an appeal has been prosecuted to this court.
Many of the material facts are undisputed, but there was a sharp conflict in the testimony as to some of the facts, and the verdict of the jury is conclusive of the issues, if the same…
2Cases cited3 opinions
- Parker v. GearySupreme Court of Arkansas · 1892
- Sells v. BrewerSupreme Court of Arkansas · 1916
- Judd v. FairsMichigan Supreme Court · 1884
3Cited by2 opinions
- Felder v. Hall Bros.Supreme Court of Arkansas · 1921
- Thompson v. KirkSupreme Court of Arkansas · 1924