Davis v. Goodman

• Decision Date: 11 April 1896
• Parties: DAVIS v. GOODMAN.
• Court: Arkansas Supreme Court

35 S.W. 231

DAVIS v. GOODMAN.

Supreme Court of Arkansas.

April 11, 1896.

Appeal from circuit court, St. Francis county; Grant Green, Jr., Judge.

Action by D. Davis against Francis Goodman and others. From a judgment in favor of defendant Goodman, plaintiff appeals. Affirmed.

N. W. Norton, for appellant. Francis Goodman, pro se.

BUNN, C. J.

This is an action of unlawful detainer, instituted by appellant, D. Davis, against the appellee, Francis Goodman, Marion Parker, and George Parker, to recover the possession of the S. W. ¼ of section 11, in township 4 N., of range 5 E., in St. Francis county; alleging ownership in the plaintiff, tenancy and possession under him by defendants of a house on said land for the years 1887 and 1888, and a holding over without right after the termination of said tenancy, and after due notice given in writing and demand of possession by plaintiff. Prayer for possession of the premises. The answer denied occupation of the premises, to wit, the house mentioned in the complaint, as the tenants of plaintiff, in the years 1887 and 1888; denied that defendants were ever in possession of, or detained, unlawfully and without authority, the premises in the year of 1889, or at any other time; and also denied that plaintiff was damaged in any sum whatever. The writ of possession was issued by the clerk on bond being given by the plaintiff, and required him to take possession of the whole quarter section, without reference to the house thereon, and deliver the same to the plaintiff; and the sheriff was also required thereby to summon the defendants to appear. During the pendency of the action, the death of both Marion and George Parker was suggested and admitted, and J. S. Fitch was appointed administrator ad litem to defend for them, and the action progressed accordingly. The cause was tried by the court, sitting as a jury; and, upon the facts, the court found for the defendant Goodman, and, as she claimed no damages, it rendered judgment upon its said findings as follows to wit: "It is by the court considered, ordered, and adjudged that the defendant Francis Goodman do have and recover such possession of the premises, to wit, southwest quarter of section 11, township 4 north, of range 5 east, except twenty-four acres in south field, as she had at the institution of this suit, and that Francis Goodman recover of plaintiff her costs, etc., not, however, to include any costs incurred by or on account of the deceased Parker and...