Legal Opinion

May v. McGaughey

Supreme Court of Arkansas

Decided March 16, 1895PublishedCited by 10 opinions

Appeal from Jefferson Circuit Court. John M. Eeeiott, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: One Wyatt was a tenant of the appellees, H. C. McGaughey et al., during the year 1886, and they held his note for the sum of $810 for rent. Wyatt raised a crop on land of appellees, and, in order to obtain supplies for his use during the year, he mortgaged his crop to C. M. Neel.

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Appeal from Jefferson Circuit Court. John M. Eeeiott, Judge. STATEMENT BY THE COURT. The facts in this case are as follows: One Wyatt was a tenant of the appellees, H. C. McGaughey et al., during the year 1886, and they held his note for the sum of $810 for rent. Wyatt raised a crop on land of appellees, and, in order to obtain supplies for his use during the year, he mortgaged his crop to C. M. Neel. When the crop was matured, Wyatt gathered seventeen bales of cotton, and delivered them to Neel, in part payment of debt to him. Neel knew that the rent had not been paid, and, in order to…

1Opinion of the Court

Riddick, J.,

1. Waiver of landlord’s lien. (after stating the facts.) The only-question before us is whether the appellees have, as against Richardson & May, the consignees, a lien on the cotton for their rent. To determine this question, we need only look to the evidence to see whether the appellees consented that Neel might ship the cotton. If so, they have no lien against any one purchasing the cotton from Neel, or advancing money upon it as a security, in good faith, and without notice of the landlord’s lien. Puckett v. Reed, 31 Ark. 131; Bledsoe v. Mitchell, 52 id. 158; 1 Jones, Liens,…

2Cases cited2 opinions

  1. Burton & Townsend v. Baird & BrightSupreme Court of Arkansas · 1884
  2. Puckett v. ReedSupreme Court of Arkansas · 1876

3Cited by10 opinions

  1. Allison v. BryanSupreme Court of Oklahoma · 1910
  2. Boreing v. BoreingCourt of Appeals of Kentucky · 1903
  3. Grove v. GroveCourt of Appeals of Kentucky (pre-1976) · 1931
  4. Van Etten v. Lesser-Goldman Cotton Co.Supreme Court of Arkansas · 1923
  5. Stephens v. StephensCourt of Appeals of Kentucky · 1922

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