Hunter v. Matthews
Supreme Court of Arkansas
Appeal from Craighead Chancery Court, Western district. The lien prevails over the right of a Iona fide purchaser. The statute gives it precedence over any “conveyance.” Sand. & H. Dig., § 4795. For meaning of “conveyance,” see: 1 Abb. Diet. 284; And. Law Diet. 254; id. 285; Webst. Diet.; 54 Ark. 346. The reference in the statute is to a purchaser of the product or an assignee of the receipt for the same when in storage. Suth.
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Appeal from Craighead Chancery Court, Western district. The lien prevails over the right of a Iona fide purchaser. The statute gives it precedence over any “conveyance.” Sand. & H. Dig., § 4795. For meaning of “conveyance,” see: 1 Abb. Diet. 284; And. Law Diet. 254; id. 285; Webst. Diet.; 54 Ark. 346. The reference in the statute is to a purchaser of the product or an assignee of the receipt for the same when in storage. Suth. Stat. Const. § 260. No intention to waive the lien is to be presumed from the mere consent of the landlord to the removal of the property. 1 Jones, Liens, § 579; 74…
1Opinion of the CourtBunn, C. J.
This is a bill in chancery by appellant, Hunter, to recover of appellee, Matthews, the value of two bales of cotton, which appellant claimed had been produced by his tenant, Gamble, on his land in the year 1897, and upon which he claimed a landlord’s lien for rent and necessary supplies furnished to make the same.
The case was tried upon the following agreed statement of facts, to - wit: The parties to this cause agree that the facts therein are as follows: “In the beginning of the crop season of 1897, J. H. Gamble contracted to woi’k plaintiff’s land on shares, plaintiff to furnish land,…
2Cases cited3 opinions
- Anderson & Co. v. BowlesSupreme Court of Arkansas · 1884
- Volmer v. WhartonSupreme Court of Arkansas · 1879
- Dickinson v. HarrisSupreme Court of Arkansas · 1889
3Cited by3 opinions
- Bell v. DennisNew Mexico Supreme Court · 1939
- Van Etten v. Lesser-Goldman Cotton Co.Supreme Court of Arkansas · 1923
- Grauman v. JacksonSupreme Court of Arkansas · 1950