Legal Opinion

Sims v. Hammons

Supreme Court of Arkansas

Decided March 27, 1922PublishedCited by 9 opinions

Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. Chancery has no jurisdiction. The landlord’s lien is of statutory creation, exclusively. The statute prescribes an adequate and complete remedy. Sedgwick on Statutory and Constitutional Law, §§ 342, 343; 73 Ala. 390; 1 Cyc. 707; 1 R. C. L. 323, § 9; Rev..

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Appeal from Prairie Chancery Court, Southern District; John M. Elliott, Chancellor; 1. Chancery has no jurisdiction. The landlord’s lien is of statutory creation, exclusively. The statute prescribes an adequate and complete remedy. Sedgwick on Statutory and Constitutional Law, §§ 342, 343; 73 Ala. 390; 1 Cyc. 707; 1 R. C. L. 323, § 9; Rev.. Statutes (Ark.) ch. 88, §§ 11, 12, 13; C. & M. Digest, §§ 6559, 6560 and 6561; 7 Ark. 305; 10 Id. 602; 24 Id. 545; 25 Cyc. 681; 17 R. C. L. 613, § 26; 4 L. R. A. 531. 2. That damages to a growing crop are not remote and speculative, and may be made the…

1Opinion of the CourtSmith, J.

Appellee was the owner of a tract of land containing 540 acres, which he rented to appellant for the year 1918 to grow a rice crop, under a verbal lease, about the terms of which the parties disagree. The chief point of difference relates to the quantity of water appellee was to furnish; and we think the testimony supports appellant’s contention in this respect. With this point settled, the contract may be stated as follows: Appellee was to install a new well and furnish the water necessary for making the rice crop, in, the weir ponds or pools. He was also to-furnish one-half the seed rice,…

2Cases cited5 opinions

  1. Kizer Lumber Co. v. MoselySupreme Court of Arkansas · 1892
  2. Horstmann v. LaFargueSupreme Court of Arkansas · 1919
  3. Murray v. RapleySupreme Court of Arkansas · 1875
  4. Martin v. Blytheville Water Co.Supreme Court of Arkansas · 1914
  5. Few v. MitchellSupreme Court of Arkansas · 1906

3Cited by9 opinions

  1. Brooks v. Superior Oil Co.District Court, W.D. Arkansas · 1952
  2. Ponder v. Jefferson Standard Life InsuranceSupreme Court of Arkansas · 1937
  3. Rasmussen v. C. J. Horner Co.Supreme Court of Arkansas · 1974
  4. Southern Surety Co. v. Pfeifer Stone Co.Supreme Court of Arkansas · 1927
  5. Durham v. SmithCourt of Appeals of Arkansas · 2010

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