Minton v. Minton
Supreme Court of Arkansas
Appeal from Sebastian Circuit Court; Styles T. Rowe, .Judge; 1. If the relation of landlord and tenant existed between the parties, the court had jurisdiction, and plaintiff was entitled to recover. 2. The question whether or not this relation existed was one for the jury to decide from the whole testimony under proper, instructions. The title to the land was necesarily involved in this suit, and the justice of the peace was without jurisdiction to try it.
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Appeal from Sebastian Circuit Court; Styles T. Rowe, .Judge; 1. If the relation of landlord and tenant existed between the parties, the court had jurisdiction, and plaintiff was entitled to recover. 2. The question whether or not this relation existed was one for the jury to decide from the whole testimony under proper, instructions. The title to the land was necesarily involved in this suit, and the justice of the peace was without jurisdiction to try it. Const. 1874; 7 Ark. 305.
1Opinion of the CourtMcCuuuoch, J.
Appellant sued appellee before a justice of the peace to recover an amount alleged to be due , for rent of land, and to enforce, by attachment of the crop on the land, the landlord’s lien. . An appeal was taken from a judgment rendered by the justice of the peace to the circuit court, where the case was tried de novo, and the trial resulted in a verdict and judgment for the defendant. The court gave to the jury a peremptory instruction to return a verdict in favor of the defendant.
The instruction was correct. Appellant failed to prove a contract concerning the occupancy of the land or for…
2Cases cited4 opinions
- Bramble v. BeidlerSupreme Court of Arkansas · 1881
- Nolen v. RoystonSupreme Court of Arkansas · 1880
- Matthews v. MorrisSupreme Court of Arkansas · 1876
- Jansen v. StrayhornSupreme Court of Arkansas · 1894
3Cited by1 opinion
- Marshall v. BurdenSupreme Court of Oklahoma · 1910