Teaver v. Akin
Supreme Court of Arkansas
APPEAL from Little River Circuit Court in Chancery. Hon. H. B. Stewart, Circuit Judge. The plaintiffs are entitled to recover damages for the pulling down and hauling off the houses, to their value, and equitable damages to the estate by way of loss of rents for want of buildings to house tenants in. Sedgwick & Waite’s Trial of Land Titles, sec. 668; 1 Story’s Equity, sec. 518 a.
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APPEAL from Little River Circuit Court in Chancery. Hon. H. B. Stewart, Circuit Judge. The plaintiffs are entitled to recover damages for the pulling down and hauling off the houses, to their value, and equitable damages to the estate by way of loss of rents for want of buildings to house tenants in. Sedgwick & Waite’s Trial of Land Titles, sec. 668; 1 Story’s Equity, sec. 518 a. Defendant took possession of the land in February, 1870, and enjoyed and consumed the rents to January, 1884. He testifies that the rents were worth $150 per annum. If Secs. 20‡‡-‡6, Mansf. Dig., limits plaintiffs’…
1Opinion of the CourtSmith, J.
This was an action for the recovery of eighty acres of land and mesne profits, and damages for waste in pulling down and removing buildings. The plaintiffs claimed by inheritance from their father, who died intestate in 1865, seized and possessed of the premises by virtue of a patent from the United States. The land was the father's homestead, and the plaintiffs, his only children, were infants at the commencement of the action.
The defendant set up a purchase by him from one Cowling, who, it was averred, had bought from the widow of the deceased intestate. He asserted a claim for taxes paid,…
2Cases cited4 opinions
- Hall v. LawSupreme Court of the United States · 1880
- Briggs v. ProsserNew York Supreme Court · 1835
- Rigor v. FryeIllinois Supreme Court · 1872
- Doe ex dem. Simmons v. RoeSupreme Court of Georgia · 1858
3Cited by6 opinions
- White v. StokesSupreme Court of Arkansas · 1899
- Holub v. TitusSupreme Court of Arkansas · 1915
- Buchanan v. PembertonSupreme Court of Arkansas · 1920
- King v. CampbellSupreme Court of Arkansas · 1909
- Baker v. EllisSupreme Court of Arkansas · 1968
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