Denton v. Denton
In Denton v. Denton, 209 Ark. 301, 190 S.W.2d 291 (1945) the parties entered into a written rental agreement for certain real property. Thereafter, the landlord sent the tenants a notice to vacate. After the tenants refused to vacate, the landlord then filed an unlawful detainer action against the tenants. The tenants counterclaimed and questioned the landlord's title to the disputed property. A trial resulted in a verdict for the tenants based on their counterclaim.
The supreme court reversed and stated that "a tenant cannot dispute the title of his landlord while he remains in possession under him, nor acquire possession from the landlord by lease and then dispute his title, but must first surrender possession and bring his action." Denton, 209 Ark. at 303, 190 S.W.2d at 292.