Logan v. Lee

Decided March 29, 1890

Supreme Court of Arkansas · decided 1890-03-29

C. PL Mitchel, Judge. Action of forcible entry. — The Hamilton brothers sold to Dismukes the land, the possession of which is in controversy. Lee leased the land from Dismukes. Afterwards, but before delivering possession to Lee, Dismukes rescinded his contract of purchase and surrendered the land to the Hamiltons who placed their agent, Roberts, in possession. By means of threats and force Lee obtained possession from Roberts.

Good law ✅— No negative treatment on recordhow we know

Decided 1890-03-29

How this case has been cited

Cited by 5 later decisions — most recently December 1955

4 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Per Curiam.

¶1When the defendant returned to the premises in question, he found the plaintiff’s vendor in the peaceable possession through his agent, Roberts, who forbade his entry. Through threats, which amounted to force, he entered into possession. The remedy adopted in this'suit was designed to protect the actual possession whether right or wrong. Johnson v. West, 41 Ark., 540. Whatever the defendant’s rights under his contract of lease may be, he can not litigate them in this action.

¶2The first instruction given at the instance of the defendant was erroneous, and the judgment must be reversed and the cause remanded for a new trial.