Varner v. Rice
Supreme Court of Arkansas
APPEAL from Lincoln Circuit Court. Hon. X. J. Pindall, Circuit Judge. The bringing of the suit by W. E. and making John A. Varner defendant were proper. (Gantt’s Digest, sec. 44,76.) When brought in, John A. had a right to be made party plaintiff. (lb., see. Newman PI. and Pr., p. 59-61; Allen v. Thomas, 3 Mete., 198.) W. E.,. as landlord, had the right to sue, and there can be no doubt as to he and John A. jointly maintaining the suit.
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APPEAL from Lincoln Circuit Court. Hon. X. J. Pindall, Circuit Judge. The bringing of the suit by W. E. and making John A. Varner defendant were proper. (Gantt’s Digest, sec. 44,76.) When brought in, John A. had a right to be made party plaintiff. (lb., see. Newman PI. and Pr., p. 59-61; Allen v. Thomas, 3 Mete., 198.) W. E.,. as landlord, had the right to sue, and there can be no doubt as to he and John A. jointly maintaining the suit. Crawley v. Riggs, 81¡, Ark.; Buckner v. Carlton, 88 Ark.; Reynolds v. West, 88 Ark. The claim for rent was not merged in the note to John A. A lien for rent…
1Opinion of the CourtSmith, J.
W. E. Varner leased his plantation and hired his mules, horses, wagons and farming utensils to Rice and Searcy for the year 1879. The rent and hire reserved was $1,950. And as the landlord was indebted to John A. Varner, a note for this sum was made payable to the said John A., and falling due December 31,1879. Before matdrity of the note, W. E. Varner brought this action and sued out an attachment to enforce his landlord’s lien upon the crops raised upon the demised premises. He alleged that, at the date of said lease, he was indebted to John A., and the note was made payable to him as…
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