Floyd v. Ricks
Supreme Court of Arkansas
Appeal from Calhoun Circuit Court. Hon. J. C. Murray, Circuit Judge, presiding. This was. an action of trespass quare clausum fregit, for, entry of the W £ of the N. E. £ Sec. 21, T. 1, 4 S. R. 12 W., and seizure and conversion of the growing crop, instituted by the appellee against the appellants. The defendants pleaded “not guilty,” and as it appears from the replications, liberum tenementum.
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Appeal from Calhoun Circuit Court. Hon. J. C. Murray, Circuit Judge, presiding. This was. an action of trespass quare clausum fregit, for, entry of the W £ of the N. E. £ Sec. 21, T. 1, 4 S. R. 12 W., and seizure and conversion of the growing crop, instituted by the appellee against the appellants. The defendants pleaded “not guilty,” and as it appears from the replications, liberum tenementum. To the first plea the plaintiff joined issue, and to the second he filed four replications; to the first three of which demurrers were sustained. The fourth replication was to the effect that, at the…
1Opinion of the Court
Hempsteaj?, Special Judge,
delivered the opinion of the Court.
The most material inquiry in this case is, whether a person who settles on public land and plants a crop can maintain trespass guare clausum fregib against one, who subsequently purchasing the land from the United States, enters for the purpose of gathering and converting such crop to his own use. And although the question is not free from difficulty, yet on principle and authority, we think it must be answered in the negative.
In Boyer vs. Williams, 5 Miss. 335, it was held that a purchaser from the United States was entitled to all…
2Cases cited13 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Yesler v. City of SeattleWashington Supreme Court · 1890
- Marshall v. FiskMassachusetts Supreme Judicial Court · 1809
- Hyatt v. WoodNew York Supreme Court · 1809
- Foote v. ColvinNew York Supreme Court · 1808
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3Cited by27 opinions
- Garth v. CaldwellSupreme Court of Missouri · 1880
- Hunter v. N. Y., Ontario & Western R. Co.New York Court of Appeals · 1889
- King v. StateSupreme Court of Florida · 1901
- Western Union Telegraph Co. v. BushSupreme Court of Arkansas · 1935
- First Nat. Bank of Bristow v. RogersSupreme Court of Oklahoma · 1909
22 more not listed; retrieve them via the Exa API.