Sevier v. Shaw, Barbour & Co.
Supreme Court of Arkansas
Appeal from Arkansas Circuit Court. Hon. II. B. Morse, Circuit Judge. The landlord’s lien had priority over the attachment. Drake on Attachment, secs. 532, 223 ; 13 Ala., 465; Upham v. Dodd, 24 Ark., 548, and cases cited; DeWolf v. Dearbon, 4 Pick., .466; Rankin v. Schatzell, 12 Wheat., 177. A landlord has no specific lien or title to crops raised by his tenant.
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Appeal from Arkansas Circuit Court. Hon. II. B. Morse, Circuit Judge. The landlord’s lien had priority over the attachment. Drake on Attachment, secs. 532, 223 ; 13 Ala., 465; Upham v. Dodd, 24 Ark., 548, and cases cited; DeWolf v. Dearbon, 4 Pick., .466; Rankin v. Schatzell, 12 Wheat., 177. A landlord has no specific lien or title to crops raised by his tenant. When the landlord’s rent falls due, he can bring his suit for his rent, within the time prescribed by the statute, and by so doing, has a lien over all other debts due by the tenant, from the time the rent fell due. We think the…
1Opinion of the CourtHarrison, J.
Shaw, Barbour & Co. brought suit by attachment, in the Arkansas circuit court, against Bobert G. Hunt. The attachment was levied on the 14th day of December, 1867, on ’the defendant’s undivided interest in a lot of cotton; and at tfce November term, 1868, they recovered judgment against him, by default. At the same term, Ambrose H. Sevier, under the provision of section 257, of the Code of Civil Practice, presented to the court a complaint, in substance as follows : That the cotton attached was raised and produced in 1867, upon a plantation demised and rented by him, for the year, to Eichard…
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