Johnson v. Mantooth
Supreme Court of Arkansas
Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; STATEMENT BY THE COURT. Nettie Mantooth instituted this action against B. F. Johnson to recover possession of a tract of land in Jackson County, Arkansas. The complaint is in the usual form and alleges title in the plaintiff.
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Appeal from Jackson Circuit Court; B. E. Jeffery, Judge; STATEMENT BY THE COURT. Nettie Mantooth instituted this action against B. F. Johnson to recover possession of a tract of land in Jackson County, Arkansas. The complaint is in the usual form and alleges title in the plaintiff. The defendant filed an answer, which is as follows : “The defendant, B. F. Johnson, for answer to the complaint of the plaintiff, admits that she is the owner of the land described in said complaint, but denies that he is in the unlawful possession of the same, or has been since the 1st day of January, 1912, and…
1Opinion of the Court
Hart, J.,
(after stating the facts). The determination of the issue raised by the appeal depends upon the question whether the defendant was upon the land of the plaintiff in the capacity of tenant or employee.
Where the owner of land makes a contract with another whereby the latter is to cultivate the land and the crops produced are to be divided between the two parties in a certain proportion, the relation of landlord and tenant may or may not result. The question whether it does result is one of intention, to be determined upon a construction of the whole instrument if the contract is in…
2Cases cited5 opinions
- Tinsley v. CraigeSupreme Court of Arkansas · 1891
- Neal v. BrandonSupreme Court of Arkansas · 1902
- Birmingham v. RogersSupreme Court of Arkansas · 1885
- Bush v. CellaSupreme Court of Arkansas · 1889
- Citizens Bank v. Commercial National BankSupreme Court of Arkansas · 1913
3Cited by3 opinions
- American Company of Arkansas v. BakerSupreme Court of Arkansas · 1933
- Cooper v. McCoySupreme Court of Arkansas · 1915
- Gray v. DavisCourt of Appeals of Arkansas · 1980