{
  "id": 1691757,
  "name": "Smith v. Grandbush",
  "name_abbreviation": "Smith v. Grandbush",
  "decision_date": "1961-09-11",
  "docket_number": "5-2440",
  "first_page": "806",
  "last_page": "807",
  "citations": [
    {
      "type": "official",
      "cite": "233 Ark. 806"
    },
    {
      "type": "parallel",
      "cite": "348 S.W.2d 880"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [],
  "analysis": {
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    "ocr_confidence": 0.548,
    "pagerank": {
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    "sha256": "366781749a17a1271fdc232f2d21be39bb178113752ebdc9162731b6e546ab2b",
    "simhash": "1:acab802bf542ed9c",
    "word_count": 470
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  "last_updated": "2023-07-14T17:50:46.694457+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [
      "Bohlinger, J., not participating."
    ],
    "parties": [
      "Smith v. Grandbush."
    ],
    "opinions": [
      {
        "text": "Paul Ward, Associate Justice.\nOn July 31, 1959 Raymond E. Smith (appellant herein) filed suit No. 4268 in the Second Division of the Ouachita Chancery Court against A. J. Grandbush to recover $1,700.00 for labor (pumping and looking after one oil well and certain leasehold interests) under a written contract with Grand-bush. Appellant was given a default judgment for the said amount, and there is no further controversy over this item.\nIn his complaint appellant also asked to have a lien impressed (under Ark. Stats. \u00a7 51-701) : \u201con the oil and gas leasehold estate of the defendant (A. J. Grand-bush) covering the S.EJ/4 of S.W.% of S.EJ4 of Sec. 27, Twp. 15 S., Range 15 W., . . . (known as Grand-bush, et al \u2014 Smith Lease) the appurtenances, pipelines, buildings, and other properties located on the leasehold.\u201d After the cause was transferred and consolidated with Cause No. 8901 then pending in the First Division Chancery Court of the same county, and after appellant (only witness) testified at length (24 pages in the record), the trial court disallowed the lien \u2014 hence this appeal.\nWe have concluded, for reasons hereafter set out, that the decree of the trial court denying the lien must he affirmed.\nAppellant seeks to impress his lien, as before stated, under \u00a7 51-701 for labor performed. To prevail, he had to show that he filed the required affidavit within 90 days (\u00a7 51-613) after the last work was \u201cin good faith performed\u201d (\u00a7 51-708). Appellant\u2019s affidavit was filed March 19, 1959, so he had the burden of showing the performance of work (in good faith) as late as December 19, 1958. The chancellor found that appellant had not met the above requirement, and we think the record supports that finding.\nAppellant began working for Grandbush in 1956. His employment, generally speaking, was to tend the pumping of an oil well and to look after a leasehold interest owned by several people. The record discloses that suit No. 8901 was filed sometime previous to October, 1958; that appellant and Grandbush were parties to that suit; and that, on October 10, 1958, the Court found that Grandbush \u201cno longer has any interest in said well,\u201d and ordered Grandbush removed as operator. After that date appellant was in the position of contending he was working for Grandbush who appellant knew had no authority to employ him. It was not reversible error for the trial court to find, under the above state of the record, that appellant\u2019s affidavit was not filed within the time required by the statute.\nThe receiver previously appointed by the court, H. W. McMillan, intervened to protect the interest of the leaseholders.\nAffirmed.\nBohlinger, J., not participating.",
        "type": "majority",
        "author": "Paul Ward, Associate Justice."
      }
    ],
    "attorneys": [
      "Lester E. Dole, Jr., for appellant.",
      "McMillan <& McMillan, for appellee."
    ],
    "corrections": "",
    "head_matter": "Smith v. Grandbush.\n5-2440\n348 S. W. 2d 880\nOpinion delivered September 11, 1961.\nLester E. Dole, Jr., for appellant.\nMcMillan <& McMillan, for appellee."
  },
  "file_name": "0806-01",
  "first_page_order": 828,
  "last_page_order": 829
}