Thomas v. Johnston
Supreme Court of Arkansas
Appeal from Columbia Circuit Court; Charles W. Smith, Judge; 1. Foster was in possession under a lease, and not as a purchaser, and the first three instructions should not have been given. The first two because all the evidence shows Foster a tenant.
Read the full summary
Appeal from Columbia Circuit Court; Charles W. Smith, Judge; 1. Foster was in possession under a lease, and not as a purchaser, and the first three instructions should not have been given. The first two because all the evidence shows Foster a tenant. The contract is a lease in form; there is no ambiguity in it, and parol evidence was not admissible to show a purchase. 40 Ark. 237; 3 L. R. A. 308; 5 Id. 672; 15 Id. 543; 29 Id. 5441 45 Id. 177. The rule applies to Boyd, a party to the lease. 22 L. R. A. 391; 31 Ark. 411; 45 Id. 449; 7 U. S. (Law Ed.), 761; 22 Id. 783. 2. The court should have…
1Opinion of the CourtMcCulloch, J.
This is an action of replevin for two bales of cotton, the plaintiffs claiming title to the property under a crop mortgage executed by Bob Foster, one of the defendants, and defendant, Thomas, claiming a lien on the cotton as landlord of Foster. Thomas owned the land, and placed Foster in possession under a written contract. Foster mortgaged the crop on the,land to plaintiffs. The contract is as follows:
“Articles of rent contract made and entered into by and between J. A. Thomas, party of the first part, and Bob Foster, party of the second part.
“I, J. A. Thomas, party of the first part, do…
2Cases cited8 opinions
- Cheney v. LibbySupreme Court of the United States · 1890
- Quertermous v. HatfieldSupreme Court of Arkansas · 1890
- Colonial & United States Mortgage Co. v. JeterSupreme Court of Arkansas · 1903
- Blanchard v. Raines'Supreme Court of Florida · 1884
- Carpenter v. ThornburnSupreme Court of Arkansas · 1905
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Murphy v. MyarSupreme Court of Arkansas · 1910
- First Huntington National Bank v. Gideon-Broh Realty Co.West Virginia Supreme Court · 1954
- Levy v. McDonnellSupreme Court of Arkansas · 1909
- Smith v. CarterSupreme Court of Arkansas · 1948
- Bishop v. MeltonSupreme Court of Arkansas · 1941
11 more not listed; retrieve them via the Exa API.