White River Land & Timber Co. v. Hawkins
Supreme Court of Arkansas
Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; 1. It was error to instruct a verdict for appellee, and to find the value of the rents. The right to the land is conceded, and no rents were recoverable. Kirby’s Digest, § 3646. Plaintiff was the owner of the land, and defendant was not entitled to recover rents. The judgment should be reversed.
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Appeal from Woodruff Circuit Court, Northern District; J. M. Jackson, Judge; 1. It was error to instruct a verdict for appellee, and to find the value of the rents. The right to the land is conceded, and no rents were recoverable. Kirby’s Digest, § 3646. Plaintiff was the owner of the land, and defendant was not entitled to recover rents. The judgment should be reversed. The court erred in its instructions to the jury and in its rulings as to the questions and answers of witnesses. 1. In an action of unlawful detainer, it is necessary to establish the relationship of landlord and tenant. 105…
1Opinion of the CourtMcCulloch, C. J.
This is an action under the statute for unlawful detainer of land. Possession was delivered under the writ to the plaintiff at the commencement of the action. The facts are undisputed, so far as they relate to plaintiff’s right to recover possession of the land, and the court gave a peremptory instruction in favor of the defendant on that issue, but submitted to the jury the question as to the rental value of the land during the pendency of the action. The jury returned a verdict in favor of the defendant, and assessed damages in the sum of $120, and judgment was rendered on the verdict in…
2Cases cited1 opinion
- Necklace v. WestSupreme Court of Arkansas · 1878
3Cited by3 opinions
- Larry Hobbs Farm Equipment, Inc. v. CNH America, LLCSupreme Court of Arkansas · 2009
- Denton v. YoungSupreme Court of Arkansas · 1922
- Williams v. PettySupreme Court of Arkansas · 1925