Quertermous v. Hatfield
Supreme Court of Arkansas
APPEAL from Arkansas Circuit Court. John A. Williams, Judge. Plaintiff, F. M. Quertermous, instituted suit against Sarah Frazier in the court of a justice of the peace upon a note for $100, signed by her, which recited that it was given as-part payment for rent of the land therein described. He asked the enforcement of his landlord’s lien upon the crop-raised on the land. Upon the death of defendant the cause was revived in the name of her administrator, Marshall Hatfield.
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APPEAL from Arkansas Circuit Court. John A. Williams, Judge. Plaintiff, F. M. Quertermous, instituted suit against Sarah Frazier in the court of a justice of the peace upon a note for $100, signed by her, which recited that it was given as-part payment for rent of the land therein described. He asked the enforcement of his landlord’s lien upon the crop-raised on the land. Upon the death of defendant the cause was revived in the name of her administrator, Marshall Hatfield. Judgments adverse to plaintiff were rendered in the justice’s court and in the circuit court on appeal. 1. The verdict is…
1Opinion of the CourtCockrill, C. J.
If the parol agreement between the appellant, who was plaintiff below, and the appellee’s intestate was for the sale and purchase of the land, upon the condition that, on default in payment of the first installment of purchase money, the contract of purchase should end ipso facto, and the relation of landlord and tenant should subsist as though no sale had been contemplated, then plaintiff was entitled to judgment for the rent agreed upon and to the enforcement of his landlord’s lien upon the crop. Ish v. Morgan, 48 Ark., 413 ; Watson v. Pugh, 51 ib., 218 ; Cheney v. Libbey, 134 U. S., 68.
Or,…
2Cases cited1 opinion
- Cheney v. LibbySupreme Court of the United States · 1890
3Cited by27 opinions
- Friar v. BaldridgeSupreme Court of Arkansas · 1909
- White v. PageSupreme Court of Arkansas · 1950
- Block v. SmithSupreme Court of Arkansas · 1895
- Martin v. SchichtlSupreme Court of Arkansas · 1895
- Young v. StevensonSupreme Court of Arkansas · 1905
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