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Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas (Volume 9)

Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas (Volume 9)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1849. Excerpt: ... Term, 1849. Fears vs. Merrill. session in another, and the actual possession in a third. (2 Black. Com. 199.) The vendee having the right of possession as well as the actual possession, does not forfeit the right of possession by failing to pay the purchase money, so long as the contract of purchase continues; and, unless the contract under which the vendee holds be determined, so as to make him a trespasser, the action of ejectment, which is a possessory action, cannot be mamtained by the vendor. Runnington on Ejectment, 21, 22. City of Cincinnati vs. Whiter 6 Pet. 431. The demise laid in the declaration must be of a day subsequent to that on which the writ of action accrued. The demand of possession and notice to quit being on the same day that the writ issued, and the law not recognizing fractions ol a day, the notice or demand cannot be regarded as having been given before the suit commenced. Dickinson vs. Jackson, Ex dem. Caldwell, 6 Cow. 147. Van Men vs. Rogers, 1 John. Cases, 283. Harle vs. McCoy, 7 /. /. Marsh. 320. 1 Chitty PI. 258. The damages were excessive: they were given for a period of three or four years, when only a few months had elapsed since the demand of possession and notice to quit. Cummins, contra. Where a party contracts to purchase land--he enters upon it, and agrees to pay the purchase money by a stated time, and he fails to pay as stipulated, he becomes a trespasser ab initio, is entitled to no notice to quit--may be ejected and compelled to pay the mesne profits, and the relation of landlord and tenant does not subsist between the vendor and vendee, and the contract becomes immediately void. Whiteside McGee vs. Jackson ex dem., 1 Wend. 418. Smith vs. Stuart, 6 John. R. 46. Jackson ex dem. Church, 7 Cow. 747. Brown vs. Morrison...


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Product Details
  • ISBN-13: 9781153981088
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 214
  • Spine Width: 11 mm
  • Width: 189 mm
  • ISBN-10: 1153981084
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 444 gr

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Reports of Cases at Law and in Equity Argued and Determined in the Supreme Court of Arkansas (Volume 9)
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