Jones v. State
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Robert J. Lea, Judge. In 45 Ark., 536, and 49 id., 176, it was held that only those who have an interest in the estate, or who are entitled to exercise some control over it, are within the statutory exceptions. At common law, six months’ notice is required to terminate a tenancy by the year. Gear, Land. & T., sec. 32. After notice the holding over creates a tenancy at suffer* anee, the lowest possible tenancy. Ib., sec. 40; Am.
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APPEAL from Pulaski Circuit Court. Robert J. Lea, Judge. In 45 Ark., 536, and 49 id., 176, it was held that only those who have an interest in the estate, or who are entitled to exercise some control over it, are within the statutory exceptions. At common law, six months’ notice is required to terminate a tenancy by the year. Gear, Land. & T., sec. 32. After notice the holding over creates a tenancy at suffer* anee, the lowest possible tenancy. Ib., sec. 40; Am. Law of Real Prop., 133. A tenant at sufferance has no interest in the premises; he is entitled to no notice to quit. Gear, L. 6 T.,…
1Opinion of the CourtHughes, J.
The appellant was convicted of carrying a pistol as a concealed weapon, and appealed to this court. His defense and contention are that he was within the exception to section 1907 of Mansfield’s Digest, which provides that the statute shall not be so construed as to prohibit any person from carrying any weapon upon his own premises. Randall Jones was the tenant of the appellant, lived in a house upon and cultivated land of the appellant for the year 1889. His term expired the 1st day of January, 1890. He continued on the place until about the 15th of that month, holding over. After an…
2Cases cited1 opinion
- Knight v. KnightAppellate Court of Illinois · 1878
3Cited by8 opinions
- Whipple v. GorsuchSupreme Court of Arkansas · 1907
- People v. ArthurCalifornia Court of Appeal · 1934
- Solosky v. StateCourt of Criminal Appeals of Texas · 1922
- Moss v. StateSupreme Court of Arkansas · 1898
- Lemmons v. StateSupreme Court of Arkansas · 1892
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