Patton v. Garrett
Supreme Court of Arkansas
APPEAL from Washington Circuit Court. Hon. Jambs H. Berry, Circuit Judge. The court erred in instructing the jury that only onefhird of the crop “ actually produced,” without regard to manner of cultivation, could be recovered. Sec. 4098, Gantt’s Digest, gives a lien for “ rent,” and not simply for a certain'part of such crop as “ might be raised.”
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APPEAL from Washington Circuit Court. Hon. Jambs H. Berry, Circuit Judge. The court erred in instructing the jury that only onefhird of the crop “ actually produced,” without regard to manner of cultivation, could be recovered. Sec. 4098, Gantt’s Digest, gives a lien for “ rent,” and not simply for a certain'part of such crop as “ might be raised.” Landlord has a lien for his portion of a crop which should be raised by proper cidtivation, and it extends to the whole *crop. ' Attorneys fees not allowable — only when the suit is vin•dictive, malicious, or vexatious — as damages.* Platt. v.…
1Opinion of the Court
STATEMENT.
Eakin, J.
This is an action under the Statute, by a landlord, before a Justice, for rent payable in kind. The action was brought before the end of the year, for the value «of that portion of the crop which was payable to the landlord. An attachment issued, based upon the affidavit of Patton, the landlord, setting forth his lien on the crop, that .the ¡rent was due, that he ought to recover $98 therefor, •and that ‘ ‘ the defendant has removed a part of the crop from the premises, without his consent.” It was levied «upon a crop of corn in the field. An account for the rent was filled…
2Cases cited1 opinion
- Turner v. MillerTexas Supreme Court · 1874
3Cited by5 opinions
- Damron v. Sweetser, Caldwell & Co.Appellate Court of Illinois · 1885
- Young v. Farmers Bank & Trust CompanySupreme Court of Arkansas · 1970
- Arkansas National Bank v. StuckeySupreme Court of Arkansas · 1915
- Java Cocoanut Oil Co. v. Fidelity & Deposit Co.Court of Appeals for the Ninth Circuit · 1924
- Bussard v. BinderOregon Supreme Court · 1977