Hammock v. Creekmore
Supreme Court of Arkansas
APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Judge. Title in the plaintiff, and conversion by defendant, are sufficient to support trespass, trover, replevin or detinue. Contends that Stewart was a tenant, and that plaintiff had only a lien on the crop, and could only enforce it specifically against the crop, and having neglected to take advantage of the only remedy given by the law, conversion will not lie.
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APPEAL from Crawford Circuit Court. Hon. R. B. Rutherford, Judge. Title in the plaintiff, and conversion by defendant, are sufficient to support trespass, trover, replevin or detinue. Contends that Stewart was a tenant, and that plaintiff had only a lien on the crop, and could only enforce it specifically against the crop, and having neglected to take advantage of the only remedy given by the law, conversion will not lie. Cites 32 Ark., 485; 34 ib., 179; 89 ib., 28; 24 ib., 547 ; 80 ib., 360; Wood Land and T., secs. 1, 2, and note, and secs. 8, 22, 28, 25, 37; Birmingham v. Rogers, 46 Ark.,…
1Opinion of the CourtCockrill, C. J.
Hammock, the appellant, let one Stewart have land to cultivate during the year 1884, under this-, oral agreement, viz.: Hammock was to furnish a team, farming utensils and supplies to make the crop on his-land; the crop raised was to be his property; but, after he had reserved one-half for the use of the land, etc., and enough of the residue to pay for the supplies furnished, he-was to deliver what remained to Stewart. After a cotton crop was made under the contract and gathered, Stewart sold and delivered seven and one-half bales of it to the defendant, Creekmore. This action was brought…
2Cases cited1 opinion
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