{
  "id": 8721103,
  "name": "Sullivan v. Wilson Mercantile Company",
  "name_abbreviation": "Sullivan v. Wilson Mercantile Co.",
  "decision_date": "1925-03-23",
  "docket_number": "",
  "first_page": "262",
  "last_page": "266",
  "citations": [
    {
      "type": "official",
      "cite": "168 Ark. 262"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
    "cardinality": 438,
    "char_count": 9078,
    "ocr_confidence": 0.478,
    "pagerank": {
      "raw": 1.5689444798931006e-07,
      "percentile": 0.6783343353222524
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    "sha256": "87181c6a311410bc87acb0de446327b5c2f3ac1083e6ae66a7b19f87673aad99",
    "simhash": "1:2eb6643184f4c0c7",
    "word_count": 1524
  },
  "last_updated": "2023-07-14T17:11:28.689459+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Sullivan v. Wilson Mercantile Company."
    ],
    "opinions": [
      {
        "text": "McCulloch, C. J.\nThis appeal involves a controversy between appellant and appellee over the right of possession of certain farm land. Both parties assert the right of possession from a common source.. The land is a part of a farm in Randolph County, known as the Gross Farm, situated on Spring River, ne\u00e1r the town of Imboden. There is a bridge across. Spring River at Imboden, and Gloss Farm runs up to the. river at the bridge. The lands were formerly owned by J. J. Brooks and his wife, Nora, and appellant claims under a written lease, which reads as follows:\n\u2018 \u2018 This December first, 1922. Imboden, Arkansas.\n\u201cThis contract entered into between J. J. and Nora V. Brooks and E. N. F. Sullivan. The parties of the first part agree to rent to E. N. F. Sullivan, the party of the second part, the described land as follows: To all of the alfalfa and Bermuda grass land, commencing on the north at the cross fence, running west to cross fence on big bank; then running south to river; thence east to bridge. E. N. F. Sullivan of the second part does agree to pay to the parties of the first part $10 (ten dollars) per acre, and land to be measured. It. is further agreed that the amount to be paid on the land note for the term of three years, 1923, \u201924, and \u201925, to be paid each year. This land is on what is known as the Goss land in Randolph County. Witness our hands.\u201d\nAppellee purchased the land from Brooks and wife on February 14, 1923, and instituted this action against appellant in the chancery court of Randolph County on March 28, 1923, alleging that appellant was interfering with the possession of appellee by trespassing on the land and preventing appellee from enjoying peaceable possession. The prayer of appellee\u2019s complaint was that appellant be perpetually restrained from interfering with the possession and from trespassing on the land. Appellee obtained a temporary restraining order at the commencement of the action.\nAppellant filed a cross-complaint setting up-Ms right of possession under the lease from Brooks and wife. He also filed a cross-complaint in which he alleged that he had taken possession of the-land under his lease 'prior to the alleged purchase of the land by appellee-from Brooks; that he was in possession at the time of the commencement' of this action, and had been wrongfully deprived of the possession under the injunction issued in the caise. He set folrth damages, and prayed - for a decree for the recovery of them. ' -\nOn the final hearing of the cause the court dismissed both the complaint of appellee and the cross-complaint of appellant, and apportioned the costs of the action between the two parties. The decree contained no. for-mial dissolution of the injunction, and there was no assessment of the damages claimed by appellant. The cause was heard upon depositions and oral testimony submitted to the court. The court found, in the first place, as the foundation for the decree dismissing the cross-complaint, that the lease contract to appellant did not contain a sufficient description of the land in controversy. We think that the court was not' correct in the conclusion reached on that' subject, for the descrip: tion in the contract, when aided by extrinsic evidence, was proper and sufficient to identify the ' land, It' describes the land as a part of .\"the Goss land in Randolph County,\u201d and refers to it as \"all of the alfalfa and Bermuda grass land.\u201d It also describes the land as \"commencing on the north at the cross fence running west to cross fence on big bank; then running south to river, thence east to bridge.\u201d The identification of the land as \u201call of the alfalfa and Bermuda grass land\u201d on the Goss farm in Randolph County contiguous to the bridge and river was, we think, sufficient to let in proof as to what particular land answered this description.\nIt is contended by appellee, in support of the court\u2019s decree, that appellant waived his lease by consenting to the subsequent sale of the land to appellee, but we are of the opinion that the testimony does not support this contention. There is a conflict in the testimony as to just what took place between appellant and Brooks in regard to the- subsequent sale of the land, hut, even at the utmost of Brooks\u2019 contention in this respect, appellant only agreed that he would consent to :some arrangement and \u201cdo what was right.\u201d Appellee knew that appellant was holding under a lease, and that Brooks was endeavoring to get the consent of appellant to a sale of the land. There was no consideration passed to appellant to support a surrender of the lease and possession of the premises, hence a mere unexecuted agreement on the part of appellant that he would consent to a sale did not bind hjm. Appellee was not in any sense an-innocent purchaser, for, as before stated, the undisputed evidence shows that it had notice of appellant\u2019s lease and was aware that appellant was in actual possession at the time of the purchase from Brooks.\nThere is a conflict as to the extent of appellant\u2019s possession, it being contended that it is not sufficient to constitute actual possession. It is true that the proof shows that appellant was only using the land at the time for pasturage purposes, but the proof shows that this part of the land covered by the lease was under fence and that appellant was using it to pasture his cows. Appellee concedes that, at the time it made the purchase from Brooks and attempted to take possession, appellee was grazing two cows on the land. The fact that the lands were actually inclosed and were being controlled and used by appellant for any purpose at all was sufficient to constitute actual occupancy. The' purchase of the land by appellee from Brooks was therefore subordinate to appellant\u2019s rights as lessee, and the court was correct in dismissing the complaint of appellee for want of equity. No appeal has been prosecuted from that part of the decree, but appellant complains that the court erred in not awarding him damag\u2019es for being put out of possession and kept put during the pendency of the action. The reas.on given by the court for denying this relief was that the description in appellant\u2019s lease was insufficient, but, \u00e1s we have already seen, the court erred in that regard. If appellant\u2019s cross-complaint had been an independent; action for damages, his remedy was complete at law, and he could not have invoked the jurisdiction of a-court of equity; but, in the present action instituted by appellee, in which an injunction was obtained and which deprived appellant of 'substantial rights, the latter was entitled, under the statute, to a restitution of the possession of which he had been deprived by the injunction and ,an assessment of damages sustained by \u2022 reason thereof.- Crawford & Moses\u2019 Digest, \u00a7\u00a7 5822,-5825. The effect of the dismissal of appellant\u2019s complaint was to dissolve the injunction, and appellant wa's - entitled'to the relief afforded, under the statute. The court erred in- dismissing the cause without granting relief, for appellant\u2019s cross-complaint was tantamount to a prayer for the restitution of possession and for. assessment of damages.\n\u25a0 The decree is therefore reversed, and the cause remanded with directions to the court to make an order of restitution, and proceed to the assessment of damages in accordance with. the terms of the statute. It is so ordered. . \u2022",
        "type": "majority",
        "author": "McCulloch, C. J."
      }
    ],
    "attorneys": [
      "David L. King, for appellant.",
      "George G. Dent, for appellee."
    ],
    "corrections": "",
    "head_matter": "Sullivan v. Wilson Mercantile Company.\nOpinion delivered March 23, 1925.\n1. LANDLORD AND TENANT \u2014 SUFFICIENCY OF DESCRIPTION\u2018IN LEASE. \u2014 ' A description of pasture land in a lease held sufficient to let in parol proof, to identify the land leased.\n2. Landlord and tenant \u2014 unexecuted agreement \u2014 consideration. \u2014 A'mere unexecuted agreement of a lessee to consent'to a sale1 of the leased land by the lessor, held not to hind- the lessee, where no consideration passed to him.\n3. Vendor and purchasers \u2014 notice of lease. \u2014 A .purchaser buying land with notice of a lease and of the lessee\u2019s actual possession at the time of purchase held not an innocent purchaser.\n4. Vendor and purchaser \u2014 occupancy of lessee. \u2014 The actual control and use by a l\u00e9ssee of inclosed pasture lands for any purpose at the time the land is sold by the lessor constitutes actual ' occupancy.\n5. - Injunction \u2014 effect of dismissal of suit. \u2014 The dismissal of the complaint in a suit in which a temporary injunction had been granted at plaintiff\u2019s- request held -in effect a dissolution of the injunction.\n6. Injunction \u2014 dissolution\u2014restitution.\u2014In -a suit to restrain a lessee from, trespassing.on land purchased by plaintiff, in which a temporary .restraining order was granted, and a cross-bill filed alleging defendant\u2019s right to possession and wrongful deprivation thereof, dismissal of the- cause as to -both parties, without granting restitution of possession to defendant and damages for deprivation of the 1-an\u2019d, held error under'Crawford & Moses\u2019Dig., \u00a7\u00a7 5822, 5825,\nAppeal from Randolph Chancery Court; Lyman F. Reeder, Chancellor;\nreversed.\nDavid L. King, for appellant.\nGeorge G. Dent, for appellee."
  },
  "file_name": "0262-01",
  "first_page_order": 280,
  "last_page_order": 284
}