Bethea v. Jeffres
Supreme Court of Arkansas
Appeal from Bradley Circuit Court; Turner Butler, Judge; STATEMENT BT THE COURT. This is an action of replevin instituted in the circuit court by Noah L. Bethea against W. H. Jeffres to recover two bales of cotton, 1,500 pounds of the cotton in the seed, 2,000 pounds of cottonseed and 60 bushels of corn. The case was tried before the court sitting as a jury.
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Appeal from Bradley Circuit Court; Turner Butler, Judge; STATEMENT BT THE COURT. This is an action of replevin instituted in the circuit court by Noah L. Bethea against W. H. Jeffres to recover two bales of cotton, 1,500 pounds of the cotton in the seed, 2,000 pounds of cottonseed and 60 bushels of corn. The case was tried before the court sitting as a jury. The court found the facts as follows: On September 21, 1915, Noah L. Bethea entered a certain 40-aere tract of land at the United States land office as an adjoining homestead, and obtained a certificate of entry, but has not yet received…
1Opinion of the Court
Hart, J.,
(after stating the facts). There are authorities which hold that where a crop is sown by a trespasser, and is by him cultivated’ and severed, it becomes the personal property of the severer as against the owner of the land. 8 R. C. L., p. 366, and cases cited. But it is not necessary for us to pass upon this proposition; for it is not involved in this case.
Jeffres leased the land from Orie Plair, who claimed to be the owner of it. He planted, cultivated and harvested the crop while he was in possession of the land. The rule in such cases is that, with respect, to crops which are the…
2Cases cited7 opinions
- Page v. FowlerCalifornia Supreme Court · 1870
- Floyd v. RicksSupreme Court of Arkansas · 1853
- Lynch v. MillsWashington Supreme Court · 1909
- Phillips v. KeysawSupreme Court of Oklahoma · 1899
- Wattenbarger v. HallSupreme Court of Oklahoma · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Shamlian v. WellsCalifornia Supreme Court · 1925
- Kelly v. WeirDistrict Court, E.D. Arkansas · 1965
- Eades v. SimpsonSupreme Court of Arkansas · 1917