Hart v. Morton
Supreme Court of Arkansas
APPEAL from Baxter Circuit Court. Hon. R. H. Powell, Circuit Judge. First — The price of crop depended on amount when gathered and ascertained, all of which was to be done by Hart; if so, sale vested title in him, and McCrady could convey nothing to Morton. 37 Ark., 190; 35 lb., 190; 31 lb., island 155; 19 lb., 367; Parsons on Con., vol. 1, 536-7-8; Powell’s Analysis Amer.
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APPEAL from Baxter Circuit Court. Hon. R. H. Powell, Circuit Judge. First — The price of crop depended on amount when gathered and ascertained, all of which was to be done by Hart; if so, sale vested title in him, and McCrady could convey nothing to Morton. 37 Ark., 190; 35 lb., 190; 31 lb., island 155; 19 lb., 367; Parsons on Con., vol. 1, 536-7-8; Powell’s Analysis Amer. Law, p. 375, par. 6-1. Second — A cotton crop infieldis not the subject of manual delivery, and will pass without if so intended by the parties. ■37 Ark., 190; 35 lb., 301; 31 lb., 131. Third — Appellee’s rental rights did…
1Opinion of the Court
Cockrill, O. J.
Replevin: intwmixel
The plaintiff and defendant each asserted title by purchase from the same vendor, to a lot of seed cotton. The plaintiff claimed to have purchased it in the held before it was picked, subject to the landlord's lien for rent. The defendant was the landlord, and after the cotton was picked got possession of it with the assent of the tenant, taking a part in satisfaction of his rent, and part in payment of a debt the tenant owed him. The plaintiff sought to take the whole from him in replevin. He admitted the defendant’s prior right and superior title to the…
2Cases cited1 opinion
- The "Idaho."Supreme Court of the United States · 1877
3Cited by2 opinions
- McDonald v. BaileySupreme Court of Oklahoma · 1910
- Moseley v. CheathamSupreme Court of Arkansas · 1896