Legal Opinion

Johnson v. Gillenwater

Supreme Court of Arkansas

Decided April 15, 1905PublishedCited by 2 opinions

Appeal from Woodruff Chancery Court. Edward D. Robertson, Judge. statement by the court. Appellee sued the Riverside Lumber Company, a corporation, before a justice of the peace of Woodruff County to enforce his claim for laborers’ lien on a lot of lumber. An attachment was issued, as provided by law, and levied upon the lumber upon which the lien was claimed.

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Appeal from Woodruff Chancery Court. Edward D. Robertson, Judge. statement by the court. Appellee sued the Riverside Lumber Company, a corporation, before a justice of the peace of Woodruff County to enforce his claim for laborers’ lien on a lot of lumber. An attachment was issued, as provided by law, and levied upon the lumber upon which the lien was claimed. Judgment was rendered in his favor for the amount of debt claimed, and the lumber was ordered to be sold to satisfy same. Before sale appellant .Johnson commenced this suit in equity-against appellee to enjoin the enforcement of the…

1Opinion of the Court

McCurroch, J.,

(after stating the facts.) Under the statute giving the lien claimed by appellee as laborer (Kirby’s Dig. § 5011), the lien is declared to be subordinate to all prior subsisting liens.

The remedy of appellants was complete and adequate at law by a replevin suit for recovery of possession of the mortgaged property for the purpose of foreclosing, the mortgage under the power of sale therein contained. The pleadings and proof present no ground for the interposition of a court of equity, as the object of the suit is not to foreclose the mortgage in equity, but the prayer is that…

2Cases cited1 opinion

  1. Polk v. GardnerSupreme Court of Arkansas · 1900

3Cited by2 opinions

  1. Storrie v. McAlester Fuel Co.Court of Appeals for the Tenth Circuit · 1943
  2. Shugart v. SorrellsSupreme Court of Arkansas · 1918

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