Parks & Co. v. Webb
Supreme Court of Arkansas
APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Judge. 1. A mortgage of an undivided interest in a “share crop” is void. 32 Ark., 435; 34 ib., 179, 687. The labor act of 1883, prohibits one who labors for a portion of the crop from mortgaging it without the landowner’s consent. Mansf. Fig., sec. 4452. 2. The justice had no jurisdiction, as the action wa| for conversion.
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APPEAL from Franklin Circuit Court. Hon. G. S. Cunningham, Judge. 1. A mortgage of an undivided interest in a “share crop” is void. 32 Ark., 435; 34 ib., 179, 687. The labor act of 1883, prohibits one who labors for a portion of the crop from mortgaging it without the landowner’s consent. Mansf. Fig., sec. 4452. 2. The justice had no jurisdiction, as the action wa| for conversion. Art. 7, sec. 40, Const. 1874; 41 Ark., 476. Appellee had no title to any particular part of the undivided cotton composing the bale. 16 Ark., '90; 34 ib., 93. In order to maintain an action for conversion, the…
1Opinion of the Court
Cockrill, O. J.
This action was begun by the appellee against the appellants before a justice of the peace to recover damages for the conversion of a one-half interest in ■ a bale of cotton. On appeal to the circuit court he recovered $27.50, the amount claimed.
It is urged that the justice had no jurisdiction of the cause of action.
Justices of the peace have jurisdiction among other causes, where the amount in controversy does not exceed $100, in all matters of damage to personal property. Art. 7, sec. 40, Const. 1874• This clause has been construed to mean all injuries which one may sustain…
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