Miller v. Plummer
Supreme Court of Arkansas
Appeal from Conway Circuit Court; Hugh Basham, Judge; The object of the statute under which this action is brought, Kirby’s Dig., § 3629, is solely to restore possession forcibly taken and detained.
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Appeal from Conway Circuit Court; Hugh Basham, Judge; The object of the statute under which this action is brought, Kirby’s Dig., § 3629, is solely to restore possession forcibly taken and detained. Force is the gist of the action. 38 Ark. 257; 13 Ark. 448. An instruction which ignores actual force in making the entry is reversible error. 69 Ark. 34; 41 Ark. 535. Before plaintiffs are entitled to maintain the action, they must show that either the original taking or subsequent holding was with force and strong hand. The force must be actual, and is not implied from the wrongful taking. 27…
1Opinion of the CourtMcCulloch, C. J.
This is an action of forcible entry and detainer instituted by appellees against appellant to recover possession of a strip of land about eighty feet wide, alleged to be a part of a certain twenty acre tract owned by appellees, and which it is alleged appellant, “without right, forcibly and unlawfully entered upon and took charge of, * * * and still continues to forcibly and wrongfully hold possession thereof after due and legal demand thereof.”
Appellants answered, denying that appellees were the owners of the strip of land in controversy, but alleged that the strip formed a part of an…
2Cases cited10 opinions
- Towell v. EtterSupreme Court of Arkansas · 1900
- Johnson v. WestSupreme Court of Arkansas · 1883
- Necklace v. WestSupreme Court of Arkansas · 1878
- Mason v. DelancySupreme Court of Arkansas · 1884
- Bradley v. HumeSupreme Court of Arkansas · 1857
5 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Douglas v. LambSupreme Court of Arkansas · 1923
- Shopfner v. ClarkSupreme Court of Arkansas · 1969
- Holzman v. GattisSupreme Court of Arkansas · 1938
- Robbins v. PageSupreme Court of Arkansas · 1950