Walker v. Shackelford
Supreme Court of Arkansas
APPEAL froth Jackson Circuit Court. R. H. Powell, Judge. 1. No action for use or occupation could be had at common law, and our statute gives such a right only to landlords. Mansf. Dig., secs. 4167, 4169. The relation of landlord and tenant must exist. 7 Ark., 306-7; 10 id., 602; 13 John., 489; 6 Johns., 49; 1. Mans., 134; 25 Ark., 168; id., 134; 2 Add. Cont., sec. 707, note 1. 2. The contract, being by parol, was void being within the statute of frauds. Mansf.
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APPEAL froth Jackson Circuit Court. R. H. Powell, Judge. 1. No action for use or occupation could be had at common law, and our statute gives such a right only to landlords. Mansf. Dig., secs. 4167, 4169. The relation of landlord and tenant must exist. 7 Ark., 306-7; 10 id., 602; 13 John., 489; 6 Johns., 49; 1. Mans., 134; 25 Ark., 168; id., 134; 2 Add. Cont., sec. 707, note 1. 2. The contract, being by parol, was void being within the statute of frauds. Mansf. Dig., sec. 3371. In most of the States this sort of a contract is regarded as mere license and need not be in writing. 18 Cent. Law…
1Opinion of the CourtSmith, J.
Mrs. Shackelford had recovered judgment against Walker before a justice of the peace, for the use and occupation of her brick wall. The cause having been removed, by appeal, to the Circuit Court, she again prevailed after two successive trials, and judgment was entered in her favor for $199.20.
The parties had been proprietors of adjoining lots, and the plaintiff had erected a brick building upon her lot. When the defendant came to build, he proposed to use her south wall as Jais north wall, thereby saving the expense of one entire wall. This wall stood upon the plaintiff’s land, except that…
2Cases cited1 opinion
- Cook v. StearnsMassachusetts Supreme Judicial Court · 1814
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- Bright v. Bacon & SonsCourt of Appeals of Kentucky · 1909
- Kuhn v. PooleSupreme Court of Oklahoma · 1910
- Plunkett v. MeredithSupreme Court of Arkansas · 1903
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