King v. Duncan
Supreme Court of Arkansas
Appeal from Jefferson Circuit Court. John M. Feeiott, Judge. An owner of lands not in possession, but who has leased the same for a term of years, and placed his tenant in possession, cannot maintain forcible entry and detainer against one who takes possession with the consent of his tenant in actual possession. 38 Ark. 587; 13 id. 448; 31 id. 296; 38 id. 257; 41 id. 450; 53 id. 94; 27 id. 46. This suit is brought under clause 2, sec. 3444, Sand. & H. Dig., and is an action…
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Appeal from Jefferson Circuit Court. John M. Feeiott, Judge. An owner of lands not in possession, but who has leased the same for a term of years, and placed his tenant in possession, cannot maintain forcible entry and detainer against one who takes possession with the consent of his tenant in actual possession. 38 Ark. 587; 13 id. 448; 31 id. 296; 38 id. 257; 41 id. 450; 53 id. 94; 27 id. 46. This suit is brought under clause 2, sec. 3444, Sand. & H. Dig., and is an action of unlawful detainer. 24 Ark. 578; 13 id. 448. See 55 Me. 33; 6 Cush. (Mass.), 87; 98, Mass. 309; 33 N. H. 633; 68 Iowa,…
1Opinion of the CourtBunn, C. J.
This is an action of unlawful detainér, as contended by plaintiff and appellee, and of forcible entry and detainer, as claimed by defendant and appellant, for the recovery of a tract of land containing about sixteen acres, and damages for the detention thereof. The cause was heard and determined in the Jefferson circuit court, resulting in a judgment for the plaintiff, Florence V. Duncan, against defendant, J. W. King, from which he appeals.
Florence V. Duncan, nee Vassar, by inheritance from her father, J. F. Vassar, was the owner of her deceased father’s farm, which included the land in…
2Cited by3 opinions
- Montgomery v. HillSupreme Court of Oklahoma · 1921
- Ray v. StroudSupreme Court of Arkansas · 1942
- Douglas v. LambSupreme Court of Arkansas · 1923