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80 Ark. 243

Few v. Mitchell

Supreme Court of Arkansas

Decided October 8, 1906

Supreme Court of Arkansas · decided 1906-10-08

Robertson, Chancellor, 1. Appellant should have been allowed one-half of the expense of gathering the crop. 2. Refusal on the part of Reese and Wilson to work the land under direction of appellant was a violation of the contract.' 40 Am. Rep. 680. 3. It was the duty of Reese and Wilson to make reasonable repairs, and they can not, under the contract, be heard to complain that cattle got into the crop.

Good law ✅— No negative treatment on recordhow we know

affirmed · Decided 1906-10-08

How this case has been cited

Cited by 7 later decisions — most recently February 1938

7 state decisions

401906191019201930decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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Hill, C. J.

¶1Few rented land to Wilson and Reese, who were to cultivate it in cotton and corn for one-half of the crop. Mitchell took a crop mortgage from Wilson and Reese for supplies furnished them. The tenants failed to properly cultivate all the land and gather the crop, and Few took possession of the crop and gathered it, and this is a contest between him and Mitchell over it. The first contention is that Few should have been allowed one-half the expenses of gathering the crop, but the chancellor’s finding in effect gave him that and more, and he has no complaint on that score. The other contentions are for damages against the tenants claimed to be prior to the mortgagee’s rights. Few contends for $50 damages for neglect of the crop and. for rental value of lands not cultivated in violation of the contract and for other sums for violations of the contract. The landlord’s lien is primarily for rent alone, and has been extended by statute to advances of necessary supplies, money, etc. Kirby’s Digest, § § 5032-3. It can not be extended beyond the terms of the statute, and the claims here asserted are not within the statute. The right of a third party has intervened, and he can demand that his mortgage be given priority over other claims which do not fall within the statute.

¶2The chancellor had a correct view of the law, and his findings of fact are sustained by a preponderance of the evidence.

¶3Affirmed.

McCulloch, J., not participating.
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