{ "id": 1152528, "name": "Hunter v. Matthews", "name_abbreviation": "Hunter v. Matthews", "decision_date": "1899-01-27", "docket_number": "", "first_page": "362", "last_page": "364", "citations": [ { "type": "official", "cite": "67 Ark. 362" } ], "court": { "name_abbreviation": "Ark.", "id": 8808, "name": "Arkansas Supreme Court" }, "jurisdiction": { "id": 34, "name_long": "Arkansas", "name": "Ark." }, "cites_to": [ { "cite": "6 N. E. 469", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": -1 }, { "cite": "44 Am. Rep. 124", "category": "reporters:state_regional", "reporter": "Am. Rep.", "opinion_index": -1 }, { "cite": "71 N. Y. 481", "category": "reporters:state", "reporter": "N.Y.", "case_ids": [ 2167954 ], "opinion_index": -1, "case_paths": [ "/ny/71/0481-01" ] }, { "cite": "2 Am. St. Rep. 373", "category": "reporters:state", "reporter": "Am. St. Rep.", "opinion_index": -1 }, { "cite": "7 N. E. 888", "category": "reporters:state_regional", "reporter": "N.E.", "opinion_index": -1 }, { "cite": "7 N. W. 216", "category": "reporters:state_regional", "reporter": "N.W.", "opinion_index": -1 }, { "cite": "95 U. S. 704", "category": "reporters:federal", "reporter": "U.S.", "case_ids": [ 3381817 ], "pin_cites": [ { "page": "708" } ], "opinion_index": -1, "case_paths": [ "/us/95/0704-01" ] }, { "cite": "45 Ark. 524", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1892033 ], "opinion_index": -1, "case_paths": [ "/ark/45/0524-01" ] }, { "cite": "38 Ark. 205", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1900489 ], "opinion_index": -1, "case_paths": [ "/ark/38/0205-01" ] }, { "cite": "20 Ark. 410", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1869251 ], "opinion_index": -1, "case_paths": [ "/ark/20/0410-01" ] }, { "cite": "60 Ark. 357", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1903745 ], "opinion_index": -1, "case_paths": [ "/ark/60/0357-01" ] }, { "cite": "52 Ark. 158", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1913408 ], "opinion_index": -1, "case_paths": [ "/ark/52/0158-01" ] }, { "cite": "31 Ark. 131", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1879233 ], "opinion_index": -1, "case_paths": [ "/ark/31/0131-01" ] }, { "cite": "74 Ala. 435", "category": "reporters:state", "reporter": "Ala.", "case_ids": [ 5642146 ], "opinion_index": -1, "case_paths": [ "/ala/74/0435-01" ] }, { "cite": "54 Ark. 346", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1320431 ], "opinion_index": -1, "case_paths": [ "/ark/54/0346-01" ] }, { "cite": "52 Ark. 58", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1913393 ], "weight": 2, "pin_cites": [ { "page": "158" } ], "opinion_index": 0, "case_paths": [ "/ark/52/0058-01" ] }, { "cite": "44 Ark. 108", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1893404 ], "opinion_index": 0, "case_paths": [ "/ark/44/0108-01" ] }, { "cite": "34 Ark. 691", "category": "reporters:state", "reporter": "Ark.", "case_ids": [ 1875653 ], "opinion_index": 0, "case_paths": [ "/ark/34/0691-01" ] } ], "analysis": { "cardinality": 414, "char_count": 6149, "ocr_confidence": 0.52, "pagerank": { "raw": 1.595985982552277e-07, "percentile": 0.6830284313873125 }, "sha256": "8b9703f946f629891c65827ab9fef5fcabbb27db64b1f3917298fdada81af1a3", "simhash": "1:8c73d9d55d6e8c69", "word_count": 1083 }, "last_updated": "2023-07-14T17:13:54.689761+00:00", "provenance": { "date_added": "2019-08-29", "source": "Harvard", "batch": "2018" }, "casebody": { "judges": [], "parties": [ "Hunter v. Matthews." ], "opinions": [ { "text": "Bunn, C. J.\nThis is a bill in chancery by appellant, Hunter, to recover of appellee, Matthews, the value of two bales of cotton, which appellant claimed had been produced by his tenant, Gamble, on his land in the year 1897, and upon which he claimed a landlord\u2019s lien for rent and necessary supplies furnished to make the same.\nThe case was tried upon the following agreed statement of facts, to - wit: The parties to this cause agree that the facts therein are as follows: \u201cIn the beginning of the crop season of 1897, J. H. Gamble contracted to woi\u2019k plaintiff\u2019s land on shares, plaintiff to furnish land, house and tools, and said Gamble to perform the labor, and they were to share the crop equally. Said Gamble raised eight bales of cotton on said land, of which plaintiff got four. To aid said Gamble to make said crop, plaintiff furnished him necessary supplies to the amount of $89.81. Two of Gamble\u2019s bales of said crop have been applied on said debt by attachment, judgment and sale, reducing said debt to $57.88, which is entirely unpaid, and was past due when this action was instituted. By an arrangement between plaintiff and Gamble, the latter took the other two bales home with him from the gin (his home being on the land above mentioned) to keep until such time as the parties should decide it was best to sell the same. Thereafter' said Gamble, without plaintiff\u2019s knowledge or consent, hauled said cotton to Jonesboro, a distance of seventeen miles, and sold it to the defendant, a merchant and cotton buyer. Defendant bought said cotton in good faith, without notice of the plaintiff\u2019s claim, and paid Gamble thei\u2019efor $54.80 in cash, which was the value of the cotton at that time. This sale occurred before the other two bales were attached by the plaintiff as above stated. When the suit was brought, defendant had mingled said cotton with his other cotton, and had shipped it to St. Louis, Mo.\u201d\nThe court found, in effect, that defendant was an innocent purchaser of the two bales of cotton, and rendered judgment in his favor, dismissing the bill for want of equity, and the plaintiff appealed to this court.\nThe lien for necessary supplies furnished by a landlord to his tenant to make the crop stands on substantially the same footing as the landlord\u2019s lien for rent, is enacted by statute, and expressed in the following language, to-wit: \u201cIf any landlord, to enable his tenant or employee to make and gather the crop shall advance [such tenant or employee any necessary supplies, either of money, provisions, stock or other necessary articles, such landlord shall have a lien upon the crop raised upon the premises for the value of such advances, which lien shall have preference over any mortgage or other conveyance of such crop made by such tenant or employee. Such lien may be enforced by an action of attachment before any court or justice of the peace having jurisdiction, and the lien for advances and for rent may be joined and enforced in the same action.\u201d\nThe lien holds good against all persons having notice of the same, or who have knowledge of the relation of the parties sufficient to put them on the inquiry, but does not hold good against innocent purchasers. But \u201cthe purchaser or assignee of the receipt of any ginner, warehouse holder, or cotton factor, or other bailee for any cotton, corn or other farm products in store or custody of such ginner, warehouseman, cotton factor, or other bailee shall not be held to be an innocent purchaser of any such person against the lien of any landlord or laborer.\u2019\u2019 Section 4798, Sand. & H. Digest. The landlord\u2019s lien is not lost by the tenant\u2019s sale of the crop to a purchaser with notice.\u201d Volmer v. Wharton, 34 Ark. 691.\nThis doctrine is impliedly held in Anderson v. Bowles, 44 Ark. 108; Dickinson v. Harris, 52 Ark. 58; Bledsoe v. Mitchell, id. 158. In the latter case it was held \u201cthat the evidence was not sufficient to show notice to the defendants of plaintiff\u2019s lien,\u201d thus indicating that the ordinary rules applicable to the case of an innocent purchaser are applicable.\nIn the case at bar the court, in effect, found, that the defendant was an innocent purchaser; and not only so, but by the agreed statement of facts the defendant was without notice of plaintiff\u2019s claim. The decree is therefore affirmed.", "type": "majority", "author": "Bunn, C. J." } ], "attorneys": [ "Edward D. Robertson, Chancellor.", "Bloch & Sullivan, for appellant.", "Allen Hughes, for appellee." ], "corrections": "", "head_matter": "Hunter v. Matthews.\nOpinion delivered January 27, 1899.\nLandlord and Tenant\u2014Lien\u2014Innocent Purchaser.\u2014The statutory lien of a landlord for rent and supplies furnished is not enforceable against one who purchased the crop from the tenant in good faith and without notice of the landlord's claim. (Page 364.)\nAppeal from Craighead Chancery Court, Western district.\nEdward D. Robertson, Chancellor.\nBloch & Sullivan, for appellant.\nThe lien prevails over the right of a Iona fide purchaser. The statute gives it precedence over any \u201cconveyance.\u201d Sand. & H. Dig., \u00a7 4795. For meaning of \u201cconveyance,\u201d see: 1 Abb. Diet. 284; And. Law Diet. 254; id. 285; Webst. Diet.; 54 Ark. 346. The reference in the statute is to a purchaser of the product or an assignee of the receipt for the same when in storage. Suth. Stat. Const. \u00a7 260. No intention to waive the lien is to be presumed from the mere consent of the landlord to the removal of the property. 1 Jones, Liens, \u00a7 579; 74 Ala. 435.\nAllen Hughes, for appellee.\nThe lien for rent does not prevail against an innocent purchaser. 31 Ark. 131; 52 Ark. 158; 60 Ark. 357; 1 Jones, Liens, \u00a7 578. Sandels & Hill\u2019s Digest, section 4804, makes the writ of attachment leviable upon \u201cthe crop in the possession of the tenant * * * * or in the possession of a purchaser from him with notice of the lien of the landlord.\u201d This implies that the writ cannot be levied against others\u2014expressio unius est exclusio alterius. Of. 20 Ark. 410; 38 Ark. 205; 45 Ark. 524. The words \u201cother conveyance,\u201d as used in the statute creating the lien, are limited in meaning by the special words preceding, so as to really mean \u201cother life conveyance.\u201d End. Int. Stat. \u00a7 405 et seq.-, 95 U. S. 704, 708; 17 Am. & Eng. Enc. Law, 279; 7 N. W. 216; 7 N. E. 888; 2 Am. St. Rep. 373; 71 N. Y. 481; 44 Am. Rep. 124; 6 N. E. 469." }, "file_name": "0362-01", "first_page_order": 376, "last_page_order": 378 }