Floyd v. Ricks
Supreme Court of Arkansas
Writ of 'Error to Ouachita Circuit Court. This was an action of forcible and unlawful detainer brought by James M. Floyd against James Ricks in the Ouachita circuit court.
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Writ of 'Error to Ouachita Circuit Court. This was an action of forcible and unlawful detainer brought by James M. Floyd against James Ricks in the Ouachita circuit court. The declaration was filed on the 1st and the writ issued on the 2d. day of January, 1849 : the sheriff returned that he had put the plaintiff in possession, on the 3d day of January, 1849, “ there being no one on the premises” and that he had further executed the writ by reading the contents to the defendant. The defendant moved to dismiss the action because there had been no legal service on him, but the court overruled…
1Opinion of the CourtChief Justice Johnson
The question to be determined is whether the defendant by leaving the premises before the arrival of the sheriff exonerated himself from responsibility: The plaintiff showed a legal demand, and also competent evidence to establish his right to the possession; and in case the defendant did not exonerate himself by vacating the premises before he was actually ousted by the sheriff, there can be no doubt but that he was guilty of an unlawful detainer. Possession was demanded on the 6th of December, 1848. the declaration was filed on the 1st of January, 1849, and the writ was issued the 2d of…
2Cited by2 opinions
- Memphis Land & Timber Co. v. Board of Directors of St. Francis Levee DistrictSupreme Court of Arkansas · 1902
- Nelson v. FreemanSupreme Court of Arkansas · 1918