Richardson v. Harrell
Supreme Court of Arkansas
Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. The intestate of appellee brought his action of unlawful detainer for the property in question against H. C. Billingsly in April, 1892, alleging a lease of the premises to Billingsly in writing, and a forfeiture of the lease by Billingsly; and prayed for possession, and for $600 damages for the unlawful detention thereof.
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Appeal from Garland Circuit Court. Alexander M. Duffie, Judge. STATEMENT BY THE COURT. The intestate of appellee brought his action of unlawful detainer for the property in question against H. C. Billingsly in April, 1892, alleging a lease of the premises to Billingsly in writing, and a forfeiture of the lease by Billingsly; and prayed for possession, and for $600 damages for the unlawful detention thereof. The writ of possession was issued on the same day, and on the 28th of April, 1892, Billingsly filed a bond to retain possession of the property in the sum of three thousand dollars, with…
1DissentBattle, J.
The bond executed by the defendant and his sureties in order to retain possession of the property in controversy is not in conformity to the statute. It is conditioned that “if the said H. C. Billingsly [defendant] shall deliver to the plaintiffs the possession of the premises aforesaid, together with the costs and damages awarded to the plaintiff, if so declared by the court, then this bond shall be void.” The condition of the bond the statute authorized him to give in this case is “that he will deliver possession of the premises to the plaintiff, if the plaintiff recover in the action, and…
2Cases cited2 opinions
- Lowenstein v. McCaddenSupreme Court of Arkansas · 1890
- Martin v. TennisonSupreme Court of Arkansas · 1892