Grider v. Driver
Supreme Court of Arkansas
APPEAL from Mississippi Circuit Court in Chancery. Hon. W. H. Cate, Circuit Judge. First — The court decided that Driver was under no obligation to pay the plaintiff rent upon the improvements made by himself. In 1)2 Ark., 1)1)2, this court decided that a mortgagee in possession was under no obligation to pay rent on improvements made by him. But there the possession of the mortgagee was rightful. Here the possession was wrongful.
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APPEAL from Mississippi Circuit Court in Chancery. Hon. W. H. Cate, Circuit Judge. First — The court decided that Driver was under no obligation to pay the plaintiff rent upon the improvements made by himself. In 1)2 Ark., 1)1)2, this court decided that a mortgagee in possession was under no obligation to pay rent on improvements made by him. But there the possession of the mortgagee was rightful. Here the possession was wrongful. The sale was void absolutely; he bought at private sale; there was no appraisement, the order was made in vacation, and without advertisement or notice. He was an…
1Opinion of the Court
OPINION.
Battle, J.
Sue M. Grider and her husband, W. H. Grider, filed a complaint in equity in the Mississippi circuit court on the 14th day of April, 1882, alleging in substance as follows:
That she, Sue M. Grider, was born in June, 1857; that her father died in 1862, leaving her a large estate, consisting of personalty and real estate; that among the lands inherited by her was the northwest quarter of section 18, in township 12 north, and in range 11 east. That this tract, being very fertile and protected by a levee from overflow, was worth, on the 17th day of March, 1874, $100 per acre. That…
2Cited by2 opinions
- Whitehead v. BarkerMichigan Supreme Court · 1939
- Wasson v. TreeceSupreme Court of Arkansas · 1934