Birmingham v. Rogers
Supreme Court of Arkansas
APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The written instrument was the best evidence to establish the relationship existing between the parties. 5 Ark., 651; ib., 678; 8 ib., 804; IS ib., 185; 1 Or. Ev., p. p., 88 108. It clearly created the relation of landlord and tenant. See 31 Ark., 435; Taylor Land. $ T.,p. 19, and, note 5 on p. p. 19-80; 34 Ark., 179. Under the code plaintiff could join the note with his claims for rent.
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APPEAL from Logan Circuit Court. Hon. R. B. Rutherford, Circuit Judge. The written instrument was the best evidence to establish the relationship existing between the parties. 5 Ark., 651; ib., 678; 8 ib., 804; IS ib., 185; 1 Or. Ev., p. p., 88 108. It clearly created the relation of landlord and tenant. See 31 Ark., 435; Taylor Land. $ T.,p. 19, and, note 5 on p. p. 19-80; 34 Ark., 179. Under the code plaintiff could join the note with his claims for rent. Gantt's Dig., sec. 4550; 33 Ark., 107.
1Opinion of the CourtEakin, J.
Birmingham, as landlord, sued out from a. justice of the peace an attachment against John A. and R. E. Rogers, claiming a lien upon a crop of onions and potatoes, in their possession, for rent. He states in his affidavit that he is the landlord, and is entitled to receive, as rent, a half of three acres of onions, worth $100, and a half of six acres of potatoes, worth $150. That said crops are upon his lands, and the onions should have been delivered ; that the potatoes would soon be ready for gathering and delivery. He charges that defendants have removed a portion of the crop without his…
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