Manilla Supply Co. v. Tiger Bros.
Supreme Court of Arkansas
Appeal from Mississippi Circuit Court; Chickasawba District; W. J. Driver, Judge; 1. The wagon bought by Ballard was properly chargeable as supplies furnished, and appellant had a landlord’s lien. Kirby’s Digest, § 5033; 79 Ark. 427; 80 Id. 218. 2. The purchase price of the horse was secured by a lien on the crop. The mortgage did not extinguish the lien; it was merely cumulative. 36 Ark. 96; 56 Id. 499. 3. It was error to instruct the jury to find for the defendant at all.
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Appeal from Mississippi Circuit Court; Chickasawba District; W. J. Driver, Judge; 1. The wagon bought by Ballard was properly chargeable as supplies furnished, and appellant had a landlord’s lien. Kirby’s Digest, § 5033; 79 Ark. 427; 80 Id. 218. 2. The purchase price of the horse was secured by a lien on the crop. The mortgage did not extinguish the lien; it was merely cumulative. 36 Ark. 96; 56 Id. 499. 3. It was error to instruct the jury to find for the defendant at all. Kirby’s Digest, § 5984-5, provides for equitable proceedings but all other proceedings must be at law. Ib. §§ 5991-4; 36…
1Opinion of the Court
McCulloch, 'C. J.
Appellant rented land in Mississippi county to one Ballard, the latter agreeing to pay as rent one-fourth of the cotton raised on the premises, and appellant also furnished stock and other supplies to Ballard. Ballard gathered the crop and sold it to appellees, to whom he had previously mortgaged it, and this is an action instituted by appellant against appellees in the circuit court to recover the value of one-fourth of the cotton and to enforce a lien for supplies furnished Ballard.
On the trial of the cause the court submitted to. the jury the question of appellant’s right…
2Cases cited2 opinions
- Newman v. Mountain Park Land Co.Supreme Court of Arkansas · 1908
- Reavis v. BarnesSupreme Court of Arkansas · 1880
3Cited by1 opinion
- Clemmons v. ByarsSupreme Court of Arkansas · 1938