Johnson v. West
Supreme Court of Arkansas
APPEAL from Benton circuit court. Hon. J. H. Berry, Circuit Judgb. There must be actual possession to sustain forcible entry and detainer. 3 Wash. on Real Prop., 133-4; 28 Oal., 187; 79 N. Y., 93; 60 Mo., 56; Sedgwick and Wait,' Trial of Title to Lands, secs. 719-20-21-2-3. A scrambling or interrupted possession not sufficient. 8 Oal., 500 45 lb., 597; 49 lb., 75. It cannot be brought for taking possession of wild land, or land not occupied at the time by any person. 1…
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APPEAL from Benton circuit court. Hon. J. H. Berry, Circuit Judgb. There must be actual possession to sustain forcible entry and detainer. 3 Wash. on Real Prop., 133-4; 28 Oal., 187; 79 N. Y., 93; 60 Mo., 56; Sedgwick and Wait,' Trial of Title to Lands, secs. 719-20-21-2-3. A scrambling or interrupted possession not sufficient. 8 Oal., 500 45 lb., 597; 49 lb., 75. It cannot be brought for taking possession of wild land, or land not occupied at the time by any person. 1 Green, JY. J.; Butts v ; Voorhees, 22 Am. 'Dec., 489; Hopkins-v. Galloway, 3 Sneed, approved in 24 Ark., 575. Force must be…
1Opinion of the CourtSmith, J.
West and Davis brought forcible entry and detainer against Johnson and seven others for the east half of the northeast quarter, the southwest quarter of the north east quarter, and north half of southeast quarter of section one, township seventeen, north, range, thirty-four west, two hundred acres. The plaintiffs alleged that they were-the owners, and entitled to the possession of the land, and in peaceable possession when the defendants on or about the first of September, 1881, unlawfully entered upon and! forcibly took possession of the land, and do now forcibly and without right detain the…
2Cases cited2 opinions
- DeGraw v. PriorSupreme Court of Missouri · 1875
- Voll v. ButlerCalifornia Supreme Court · 1874
3Cited by16 opinions
- Clardy v. StateSupreme Court of Arkansas · 1910
- Turner v. MooreSupreme Court of Oklahoma · 1911
- Whitham v. LehmerSupreme Court of Oklahoma · 1908
- Leonard v. ShowalterSupreme Court of Oklahoma · 1913
- Vinson v. FlynnSupreme Court of Arkansas · 1897
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