Dickenson v. Harris & Cotham
Supreme Court of Arkansas
APPEAL from Drew Circuit Court, in Chancery. Hon. J. M. Bradley, Judge. The bill in this case contained all the allegations essential to constitute a good ground for relief in equity, aud the demurrer should have been overruled. The right of plaintiff's to require the defendants to account for the cotton is clear, and their bill in equity was the proper form in which to bring the action.
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APPEAL from Drew Circuit Court, in Chancery. Hon. J. M. Bradley, Judge. The bill in this case contained all the allegations essential to constitute a good ground for relief in equity, aud the demurrer should have been overruled. The right of plaintiff's to require the defendants to account for the cotton is clear, and their bill in equity was the proper form in which to bring the action. The lien of a landlord is not affected by a sale to a purchaser with notice. 34 Ark., 691. The remedy is by bill in equity. 36 ib., 675; 44 lb., 110. If the complaint was imperfect, or insufficient in…
1Opinion of the Court
Cocicrill, O. J.
The appellants’ complaint in equity ^ against the appellees, to compel them to account for the proceeds of cotton which it was alleged they purchased from the appellants’ tenants with notice of the landlord’s lien, wa3 dismissed by the court upon demurrer.
l. parties: by°onetrfor another. °f
The suit was instituted within the life of the lien by J. W. Dickenson alone. The complaint discloses that the land belonged to his wife; that in leasing it for the year in question he acted as her agent; but that the contract was made by him with the tenants in his own naiiie. A note for…
2Cases cited6 opinions
- Considerant v. . BrisbaneNew York Court of Appeals · 1860
- Carey v. BrownSupreme Court of the United States · 1875
- Ely v. PorterSupreme Court of Missouri · 1874
- Price v. WileyTexas Supreme Court · 1857
- Scantlin v. AllisonSupreme Court of Kansas · 1873
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- Metropolitan Life Insurance v. FitzgeraldSupreme Court of Arkansas · 1919
- Hunter v. RobbinsU.S. Circuit Court for the District of Eastern Arkansas · 1902