Anderson v. Mills
Supreme Court of Arkansas
APPEAL from Miller Circuit Court. Hon. J. K. Young, Circuit Judge. 1. A party cannot maintain forcible entry, etc., who has never reduced the premises to possession. Wray v. Taylor, 56 Ala., 188; Treat v. Stuart, 5 Cal., 113; Bennett v. Montgomery, 8 iV. J. L. (3 Hals) 48; 38 III, 237; 38 Gal, 619; 1 Lans. (N. Y.) 222. 2. Mills was an intruder, and in the eye of the law a trespasser. 10 Ark., 50; Beaty v. Jones, 1 Gald.
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APPEAL from Miller Circuit Court. Hon. J. K. Young, Circuit Judge. 1. A party cannot maintain forcible entry, etc., who has never reduced the premises to possession. Wray v. Taylor, 56 Ala., 188; Treat v. Stuart, 5 Cal., 113; Bennett v. Montgomery, 8 iV. J. L. (3 Hals) 48; 38 III, 237; 38 Gal, 619; 1 Lans. (N. Y.) 222. 2. Mills was an intruder, and in the eye of the law a trespasser. 10 Ark., 50; Beaty v. Jones, 1 Gald. (Tenn.) 482. 3. Bare possession without right will support an action, but it must have ripened into a peaceable possession against all parties. 38 Mieh., 645; 49 Gal, 74; 60…
1Opinion of the CourtSmith, J.
This was an action of forcible entry and detainer, to recover possession of two lots in the town of Texarkana. The lots had, it seems, originally belonged to a railroad company, and it had sold them to one Arthur, rer ceiving part of the purchase money and giving him a bond for title, in which there was perhaps a clause of forfeiture upon failure to pay the remainder. Arthur took possession, built a house of four rooms, and in August, 1877, sold and conveyed the premises to appellant, Anderson, for $700 which was then paid. Anderson went into possession under his purchase, and remained in…
2Cases cited3 opinions
- Barlow v. BurnsCalifornia Supreme Court · 1870
- Harris v. TurnerSupreme Court of Missouri · 1870
- Wray v. TaylorSupreme Court of Alabama · 1876
3Cited by9 opinions
- Turner v. MooreSupreme Court of Oklahoma · 1911
- Salinger v. GunnSupreme Court of Arkansas · 1895
- Vinson v. FlynnSupreme Court of Arkansas · 1897
- Prioleau v. WilliamsSupreme Court of Arkansas · 1912
- Denton v. DentonSupreme Court of Arkansas · 1945
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