Krone & Co. v. Phelps
Supreme Court of Arkansas
APPEAL from Lawrence Circuit Court. Hon. R. H. PowELt, Circuit Judge. The mortgages were properly acknowledged and recorded, long before the rent contract was written, were regular, and certainly admissible for what they were worth. 38 Arh., 190. Parol evidence to fix the particular 10 acres, clearly admissible. 39 Arh., 394. Replevin does not lie to enforce a landlord’s lien, only attachment. 24 Arh., 549; 36 Id., 572; 39 Id., 575. Here there was no delivery to the landlord…
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APPEAL from Lawrence Circuit Court. Hon. R. H. PowELt, Circuit Judge. The mortgages were properly acknowledged and recorded, long before the rent contract was written, were regular, and certainly admissible for what they were worth. 38 Arh., 190. Parol evidence to fix the particular 10 acres, clearly admissible. 39 Arh., 394. Replevin does not lie to enforce a landlord’s lien, only attachment. 24 Arh., 549; 36 Id., 572; 39 Id., 575. Here there was no delivery to the landlord or agreement to deliver at a, particular place, or to a third person for the landlord. Story on Sales, Seo. 305, 310/…
1Opinion of the CourtCockrill, C. J.
Appellees recovered three bales of cotton of appellants before a Justice of the Peace in an action of replevin, and on appeal to the Circuit Court the verdict and judgment were in their favor again. It is submitted here that the appellees did not show title to the property sufficient to entitle them to recover in this action. It appears that they were the landlords of the parties who raised the cotton and so had a lien for their rent. This, of itself, would not entitle them to recover, but there was testimony tending to show that the cotton had been delivered to them, or at least to a third…
2Cited by6 opinions
- First Nat. Bank of Bristow v. RogersSupreme Court of Oklahoma · 1909
- Piggott State Bank v. Pollard Gin Co.Supreme Court of Arkansas · 1967
- Matter of YounceUnited States Bankruptcy Court, E.D. Wisconsin · 1984
- Arro Refining Co. v. Montana & Dakota Grain Co.Montana Supreme Court · 1930
- Norman v. S. L. Joseph Mercantile Co.Supreme Court of Arkansas · 1922
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