Roth & Co. v. Williams
Supreme Court of Arkansas
APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Circuit Judge. On the 7th of February, 1882, Francis Aiken and Narcissus Rubens, tenants on the land of Roth & Co., executed to Williams separate mortgages on their crops to be produced on the lands that year, to secure their indebtedness to him and for supplies to be furnished them during the year.
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APPEAL from Jefferson Circuit Court. Hon. John A. Williams, Circuit Judge. On the 7th of February, 1882, Francis Aiken and Narcissus Rubens, tenants on the land of Roth & Co., executed to Williams separate mortgages on their crops to be produced on the lands that year, to secure their indebtedness to him and for supplies to be furnished them during the year. The mortgages were filed for record March 17, 1882. On the 30th of March, 1882, the same parties executed to Roth & Co. contracts for the 'rent, Aiken’s contract agreeing to pay $204.35 rent for about twenty-five acres, and Reubens’…
1Opinion of the CourtCockrill, C. J.
On the trial the appellee was allowed to introduce testimony tending to prove that the rent reserved for the land was much less than the amount recited in the contracts of lease between the appellants and their tenants. The contention was that the appellants had added store accounts, due them for a previous year by their tenants, to the amount actually reserved- as rents, and called the whole amount rent. The appellee claimed under a mortgage, executed before the written contracts of lease, and as his title was thus anterior to the date of the reciting deeds, he was not bound,by their terms.…
2Cited by5 opinions
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