Tinsley v. Craige
Supreme Court of Arkansas
APPEAL from Jackson Circuit Court. J. W. Butler, Judge. Attachment to enforce a landlord’s lien. The facts are fully stated in the opinion. 1. Craige’s mortgage was void for uncertainty, and should not have been admitted in evidence. 41 Ark., 70, 2. Dunn was a mere share-cropper, and had no interest he could mortgage until his part was set off to him. 32 Ark.', 436; 48 id., 264; 34 id., 687. 3. The mortgage was made without Tinsley’s consent. Mansf.
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APPEAL from Jackson Circuit Court. J. W. Butler, Judge. Attachment to enforce a landlord’s lien. The facts are fully stated in the opinion. 1. Craige’s mortgage was void for uncertainty, and should not have been admitted in evidence. 41 Ark., 70, 2. Dunn was a mere share-cropper, and had no interest he could mortgage until his part was set off to him. 32 Ark.', 436; 48 id., 264; 34 id., 687. 3. The mortgage was made without Tinsley’s consent. Mansf. Dig., sec. 4452. 4. The parties were not tenants in common. 46 Ark., 254; 48 Ark., 295. 5. The landlord’s lien is paramount to a mortgage. 51…
1Opinion of the CourtCockrill, C. J.
1. What is an employee? Dunn raised a crop of cotton on Tinsley’s land under a parol contract which both parties denominated a contract upon the shares. Tinsley stated the terms of the contract in the following language, viz.: “I was to furnish the land, team, tools, and feed for team, and Dunn was to do the work in making the crop. Each one was to gather his half of the crop as near as practicable, and, after being gathered and hauled to the gin, if there was any difference, it was to be equalized. Dunn was to pay me out of his half for what he got from me.” A part of the crop was removed…
2Cases cited1 opinion
- Johnson v. HoffmanSupreme Court of Missouri · 1873
3Cited by21 opinions
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- Bourland v. McKnightSupreme Court of Arkansas · 1906
- Horseley v. Moss PenningtonCourt of Appeals of Texas · 1893
- Fenton v. PriceSupreme Court of Arkansas · 1920
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