Supreme Court of Arkansas, 1890

Hoskins v. Byler

Hoskins v. Byler
Supreme Court of Arkansas · Decided November 22, 1890
53 Ark. 532; 14 S.W. 864; 1890 Ark. LEXIS 133
Hoskins v. Byler

Cases that cite this one

3 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

One who acquires possession of lands ftom another, whether as agent or tenant, cannot withhold the possession, and, in an action of ejectment against him, put the plaintiff to proof of his title. The agreed statement of .facts shows that the appellee entered upon the lands as agent of the appellant; he is not entitled to hold against him, even though he may have no title.

Reverse and remand the cause, with instructions to render judgment for plaintiff for possession of the lands and ,$148.53 damages for detention thereof.

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