Mason v. Delancy
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. F. J. Wise, Special Judge. Appellee was only a tenant at will of appellant, as he claimed title to the land by virtue of a verbal contract to purchase. (Gantt’s Big., sec. 2960.) One who is a tenant of the vendor is also the tenant of the vendee. (18 Ark., 284.) An implied tenancy is as good as an express one. 33 Ark., 686; 41 lb., 535; 42 lb., 540. See also McAdams Landlord and Tenant, sec. 29; 25 Barb., 31$; 1}B Vt., 8Ip 3 Wm.
Read the full summary
APPEAL from Jefferson Circuit Court. Hon. F. J. Wise, Special Judge. Appellee was only a tenant at will of appellant, as he claimed title to the land by virtue of a verbal contract to purchase. (Gantt’s Big., sec. 2960.) One who is a tenant of the vendor is also the tenant of the vendee. (18 Ark., 284.) An implied tenancy is as good as an express one. 33 Ark., 686; 41 lb., 535; 42 lb., 540. See also McAdams Landlord and Tenant, sec. 29; 25 Barb., 31$; 1}B Vt., 8Ip 3 Wm. BL, 1173; 3 Smith Lead. Gases, seo. 75 and notes; 9 A. £ E., 81$; 38 Mich., 707; 60 N. Y., 103. In all uncertain or parol…
1Opinion of the CourtCockrill, C. J.
In an action of unlawful detainer the court sitting as a jury found the following facts from the evidence:
“ The defendant Delaney purchased the lands described in the complaint from Robert Lemons by parol, and was placed in possession and made improvements. The plaintiff Mason, after defendant’s purchase, entry and two years, possession, purchased the same lands from Robert Lemons and received a deed therefor. The defendant paid nothing under his purchase, but cleared about tenacres of the land, and made other improvements.” Upon this finding, which is in the nature of a special verdict,…
2Cases cited4 opinions
- Gault v. StormontMichigan Supreme Court · 1883
- Carpenter v. United StatesSupreme Court of the United States · 1873
- The People Ex Rel. Ainslee v. . HowlettNew York Court of Appeals · 1879
- Evertson v. SuttonNew York Supreme Court · 1830
3Cited by9 opinions
- Francis v. West Virginia Oil Co.California Supreme Court · 1917
- Coe v. BennettIdaho Supreme Court · 1924
- McCauley v. HazlewoodCourt of Appeals for the Eighth Circuit · 1894
- Battle v. AtkinsonU.S. Circuit Court for the District of Eastern Arkansas · 1902
- Powers v. MyersSupreme Court of Oklahoma · 1909
4 more not listed; retrieve them via the Exa API.