Moseley v. Cheatham
Supreme Court of Arkansas
Appeal from Little River Circuit Court. WiEE P. FEAZEE, Judge. STATEMENT BY THE COURT. This was a suit in replevin to recover certain cotton and corn. It was developed on the trial that the corn and cotton claimed was the half of an undivided crop which belonged to a share cropper of appellant. Appellee claimed the cotton and corn under a mortgage from the share cropper.
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Appeal from Little River Circuit Court. WiEE P. FEAZEE, Judge. STATEMENT BY THE COURT. This was a suit in replevin to recover certain cotton and corn. It was developed on the trial that the corn and cotton claimed was the half of an undivided crop which belonged to a share cropper of appellant. Appellee claimed the cotton and corn under a mortgage from the share cropper. Appellant had released his interest in one-half of the crop of the share cropper by an endorsement on the margin of the mortgage held by appellee. Appellant was in possession, and refused to surrender same. The crop was…
1Opinion of the Court
Wood, J.,
(after stating the facts). Replevin was not the remedy for appellee, under the proof in this case. Titsworth v. Frauenthal, 52 Ark. 254; Hart v. Morton, 44 Ark. 447; McKennon v. May, 39 Ark. 442; Person v. Wright, 35 Ark. 169; Ward v. Worthington, 33 Ark. 830.
Appellant was in the lawful possession of the crop, and had the right to retain same until it was divided, and replevin was not the remedy to enforce a division. Nor could appellant be required to surrender possession of the whole upon the payment to him of what his share or interest was worth. However, under the state of case…
2Cases cited5 opinions
- Person v. WrightSupreme Court of Arkansas · 1879
- McKennon v. MaySupreme Court of Arkansas · 1882
- Titsworth v. FrauenthalSupreme Court of Arkansas · 1889
- Ward v. WorthingtonSupreme Court of Arkansas · 1878
- Hart v. MortonSupreme Court of Arkansas · 1884
3Cited by2 opinions
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