Beard v. Dansby
Supreme Court of Arkansas
APPEAL from Drew Circuit Court. Hon. W. F. Slemons, Special Judge. First — The betterment act applies to pending suits. Iff Ark., 1$0; ib., 365. Second — It also applies to minors, etc.; does not rest upon contract or consent of parties. Third — The rents should not have been assessed beyond three years before the commencement of the suit. Tyler on Eject., 681, 81¡,1¡,; 1 Chitty on PI., sec. 296; 1 Wash. R. P., 3d Ed., 568; Mansf.
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APPEAL from Drew Circuit Court. Hon. W. F. Slemons, Special Judge. First — The betterment act applies to pending suits. Iff Ark., 1$0; ib., 365. Second — It also applies to minors, etc.; does not rest upon contract or consent of parties. Third — The rents should not have been assessed beyond three years before the commencement of the suit. Tyler on Eject., 681, 81¡,1¡,; 1 Chitty on PI., sec. 296; 1 Wash. R. P., 3d Ed., 568; Mansf. Dig., sec. 26j6. Fourth — Evidence of value of improvements, in mitigation of damages, was admissible. (Bouvier Daw Diet., Mesne Profits; Sutherland on Dam., vol.…
1Opinion of the CourtSmith, J.
In this ejectment the defendant does not con-: trovert the plaintiff’s title, but seeks to recover the value of his improvements and the taxes he has paid. He pleaded that he had entered upon the land in the year 1868 under a deed' with covenants of general warranty, and which purported to convey an estate in fee simple; that the land was then in a wild and unimproved state, and he had in good faith, believing that his title was perfect and his right to the possession indisputable, peaceably made improvements to the value of $2000, and had paid the annual taxes, amounting to $150. To the…
2Cases cited2 opinions
- Whitney v. RichardsonSupreme Court of Vermont · 1858
- Potts v. CullumIllinois Supreme Court · 1873
3Cited by29 opinions
- Brown v. NelmsSupreme Court of Arkansas · 1908
- Towson v. DensonSupreme Court of Arkansas · 1905
- McDonald v. RankinSupreme Court of Arkansas · 1909
- Beach v. OsborneSupreme Court of Connecticut · 1902
- Sidway v. LawsonSupreme Court of Arkansas · 1893
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