Earl v. Malone
Supreme Court of Arkansas
Appeal from Conway Chancery Court; /. G. Wallace, Chancellor; 1. To establish the lien, the things advanced to the tenant must be supplies necessary to enable the tenant to make and gather the crop. Kirby’s Digest, § 5033. The statutory lien exists only for advances and supplies contemplated by the statute, and can not be extended to include other indebtedness. 18 Am. & Eng. Enc.
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Appeal from Conway Chancery Court; /. G. Wallace, Chancellor; 1. To establish the lien, the things advanced to the tenant must be supplies necessary to enable the tenant to make and gather the crop. Kirby’s Digest, § 5033. The statutory lien exists only for advances and supplies contemplated by the statute, and can not be extended to include other indebtedness. 18 Am. & Eng. Enc. Law (2 Ed.), 352; 61 Ala. 416; 75 Ala. 44; 90 N. C. 276. The statute is in derogation of the common law, and is to be construed strictly as regards the existence of the landlord’s lien. 69 Ala. 590; 52 Ala. 223; 1x3…
1Opinion of the CourtMcCulloch, J.
Appellee, Malone, rented land to one Williams, who raised a crop of cotton thereon, and sold a portion of the crop when gathered to appellants, Earl Bros. & Co. Appellee brings forward an account against the tenant in the sum of $54 for advances alleged to have been made by him to enable the tenant to make and gather the crop, and asserts a lien on the crop for such advances, and sues appellants in equity to .recover the amount. It is alleged in the complaint that appellants had notice of appellee’s lien for supplies when they received the cotton from Williams. The chancellor found in favor…
2Cases cited4 opinions
- Bourland v. McKnightSupreme Court of Arkansas · 1906
- Brown v. . BrownSupreme Court of North Carolina · 1891
- Jones v. EubanksSupreme Court of Georgia · 1891
- Trimble v. DurhamMississippi Supreme Court · 1892
3Cited by2 opinions
- Keith v. Drainage Dist. No. 7 of Poinsett CountySupreme Court of Arkansas · 1931
- Smith v. JohnsonSupreme Court of Arkansas · 1922