Kaufman v. Underwood
Supreme Court of Arkansas
Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; The statute contemplates that the supplies be furnished by the landlord. Kirby’s Digest, § 5033. If the advances are made by a third party to the tenant, with the understanding that he is to look to the tenant, although made at the request of the landlord, the latter can not claim .a lien therefor. Neither can he claim a lien if he assumes the debt or becomes surety therefor. 18 Am & Eng.
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Appeal from Yell Chancery Court; Jeremiah G. Wallace, Chancellor; The statute contemplates that the supplies be furnished by the landlord. Kirby’s Digest, § 5033. If the advances are made by a third party to the tenant, with the understanding that he is to look to the tenant, although made at the request of the landlord, the latter can not claim .a lien therefor. Neither can he claim a lien if he assumes the debt or becomes surety therefor. 18 Am & Eng. Enc. of L. (2 Ed.) 352; 86 Ga. 702; 70 Miss. 60.
1Opinion of the CourtHiee, C. J.
Tedder was a tenant of Underwood, and mortgaged his crop to Kaufman & Wilson, and this is a contest between the mortgagees and the landlord as to the prior rights to two bales of lint cotton raised upon the place. Underwood’s contention is that he has a lien under section 5033 of Kirby’s Digest in having supplied his tenant with a horse, and that under said section his lien was superior to that of the mortgagee. The horse <was purchased from J. M. Harkey’s Sons, and a note was executed to them in which title to the horse was reserved, and it was signed by Tedder first, and Underwood signed…
2Cases cited1 opinion
- Few v. MitchellSupreme Court of Arkansas · 1906
3Cited by6 opinions
- Walker v. RoseSupreme Court of Arkansas · 1922
- Grayson v. MixonSupreme Court of Arkansas · 1928
- Bank of Gillett v. BottsSupreme Court of Arkansas · 1923
- Laughlin v. TylerSupreme Court of Arkansas · 1928
- Morrilton Cotton Oil Co. v. Frauenthal & SchwarzSupreme Court of Arkansas · 1924
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