Simmons v. Robertson
Supreme Court of Arkansas
APPEAL PROM ASHLEY CIRCUIT COURT. Hon. Henry B. Morse, Circuit Judge. We think the court clearly erred in refusing to give the second and third instructions asked for by the plaintiff.' That the tenant cannot dispute the title of his landlord.
Read the full summary
APPEAL PROM ASHLEY CIRCUIT COURT. Hon. Henry B. Morse, Circuit Judge. We think the court clearly erred in refusing to give the second and third instructions asked for by the plaintiff.' That the tenant cannot dispute the title of his landlord. See 1 Ark., 495; 9 Ark., 333; 13 Ark., 387 and 455; 15 Ark, 104; 20 Ark., 560; Taylor’s Landlord and Tenant, section 728, and note; 1 Washburn on Real Property, 483, 484, 486 and 487; 3 Pet., 44, 5 Pet., 485. The third instruction, that the tenant cannot rent from one' who has acquired title hostile to the landlord, is certainly the law. Stewart vs.…
1Opinion of the CourtGregg, J.
On the 10th of January, 1870, the -appellant, before a justice of the peace, commenced his action of forcible detainer. On the 15th of the same month, both parties appeared, and a jury was impaneled, who found the defendant guilty of the forcible detainer, and it was adjudged that the plaintiff have restitution of the premises, and that the defendant pay all costs. On the same day, the appellee filed a traverse, that the inquisition returned was not true, and prayed a stay of the proceedings until -ftie matter could be heard according law; upon his giving bond with approved security, in the…
2Cited by8 opinions
- Stover v. DavisWest Virginia Supreme Court · 1905
- Kimble v. WilleyDistrict Court, E.D. Arkansas · 1951
- Washington v. MooreSupreme Court of Arkansas · 1907
- Lewis v. HarperSupreme Court of Arkansas · 1921
- Kimble v. WilleyCourt of Appeals for the Eighth Circuit · 1952
3 more not listed; retrieve them via the Exa API.