Mooney v. Olsen
Supreme Court of Arkansas
Error from Leavenworth District Court. April 23d, 1877, Mary E. Olsen, plaintiff below, filed her bill of particulars before John McKee, a justice of the peace in and for Leavenworth township, for the use and occupation of lot 22, in block 79, in Leavenworth city proper. May 26th, 1877, defendant below filed his sworn answer, and moved the justice to stay proceedings before him, and certify the case to the district court of Leavenworth county, which motion was sustained.
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Error from Leavenworth District Court. April 23d, 1877, Mary E. Olsen, plaintiff below, filed her bill of particulars before John McKee, a justice of the peace in and for Leavenworth township, for the use and occupation of lot 22, in block 79, in Leavenworth city proper. May 26th, 1877, defendant below filed his sworn answer, and moved the justice to stay proceedings before him, and certify the case to the district court of Leavenworth county, which motion was sustained. Papers were filed in the district court May 29th, 1877. November 23d, 1877, the case was tried in the district court, and…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for rents; but the only question presented to this court is whether, upon, the facts of the case, the plaintiff below, Mary E. Olsen, is, as against the defendant below, Dennis Mooney, the owner of the real estate for which said rents are claimed. Originally, both parties claimed to own said real estate, and both claimed title thereto under one Lydia Mooney Foster. The plaintiff, Mary E. Olsen, claimed as the half-sister and only heir of said Lydia Mooney Foster, and the defendant, Dennis Mooney, claimed as the devisee…
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