Must be on a credit of not less than three, nor more than six months. Will-
iams et al. v. Ewing & Fanning.
2. EXECUTION SALE: Notice, etc.
One who buys at execution sale is not an innocent purchaser without no-
tice; he takes the estate subject to ali equities existing against it at the
time of the purchase. Allen v. McGaughey.
A purchaser at execution sale, who accepts money paid for the redemption
of land, cannot complain that the party redeeming had no authority from
the defendant in execution, to redeem.
Id
Redemption by the judgment debtor, of land sold under execution, restores
the lien of the judgment in the same condition as if there had been no
sale.
5. Payment, re-sale, etc.
Under a decree which directs land to be sold for cash, the purchaser acquires
no title until he pays the amount of his bid; and, upon his failure to pay,
the land should be re-sold Phelps v. Jackson, adm'r, et al.
272
The provisions of Sec. 2696, of Gantt's Digest, providing for the redemption
of land sold at execution sale, applies, as well, to debts contracted prior,
as to those contracted subsequent, to the passage of the act. The case of
Oliver v. McClure, 28 Ark., 555, in which the contrary doctrine is held, is
overruled. Turner v. Watkins et al.
If the act was void as to prior debts, as against the creditor, it would not lie
in the mouth of the debtor to object to the redemption by a subsequent
judgment creditor, whe the prior creditor, who had purchased the prop-
erty at execution sale, had received the amount bid for the redemption,
and was not complaining.
8. Of personal property, not present, is void.
A sale, under execution, of a lot of cattle running in the range at the time
of the sale, is against public policy, and void. Rowan v. Refeld.
See APPEAL, 3. DESCENT, 2. INJUNCTION, 1.
1. OF THE CIRCUIT COURT: To enforce mechanic's lien.
The Circuit Court has jurisdiction to enforce a mechanic's lien for a sum
under $100; proceedings to enforce liens on land, or in which the title, or
possession thereof, are involved, are expressly excepted from the juris-
diction conferred by the Constitution on justices of the peace. White et
al. v. Millbourne.
486
2. OF CHANCERY: In matters of account.
In most matters of account, courts of equity exercise concurrent jurisdic-
tion with courts of law. Upon a complaint in equity, by a tenant in com-
mon, alleging an ouster by his co-tenant, and praying an account of the
rents and profits received by him, and possession of his share of the prem-
ises, the court will entertain jurisdiction. Trapuall, ex'r, v. Hill et al.
345
In action for contribution between tenants in common.
Where one tenant in common, on the refusal of the other to join him,
makes necessary repairs for the benefit and preservation of the joint
property, he may maintain a bill in equity against his co-tenant for con-
tribut on. McDearinon v. McClure.
4. OF JUSTICES OF THE PEACE: In damages.
Under the existing Constitution a justice of the peace has jurisdiction of
an action for damage to personal property by negligence in the keeping
of a ferry, when the amount is $100 or less. Wells v. Steele.
In an action before a justice of the peace on an alleged contract for rent,
the defendant cannot defeat the jurisdiction by controverting the plain-
tiff's title to the land. Matthews v. Morris.
See APPEAL 7. JURISDICTION, 1, 4, 5.
See ASSIGNMENT, 2. LIEN, 3, 5, 6, 7.
See LIEN, 3. UNLAWFUL DETAINER, 1.
1. LANDLORD'S LIEN: Purchaser, without notice, etc.
One who purchases cotton grown on demised premises, after the same has
been removed by the tenant to a gin, and without notice of the landlord's
lien, takes it discharged of the lien. Puckett et al. v. Read et al.
A lessee, or one who comes into possession of the land under him by the
assignment of the lease, and recognizes the right of the landlord by the
payment of rent, cannot, so long as the title remains as it was when the
tenancy accrued, deny the title of the landlord. Earle's adm'x v. Hale's
adı'r.
See ACTION, RIGHT OF, 6. HUSBAND AND WIFE, 1.
1. The law will not presume that cotton shipped to market is immediately
sold. Chamblee v. McKenzie.
2. In favor of Circuit Court.
Where, on appeal from a justice of the peace, the original papers are lost,
and the appellee appeared in the Circuit Court, it will be presumed, in re-
viewing the action of the court in overruling a motion to dismiss, that the
appeal was properly taken; or, if there was any irregularity, that the ap-
pellee waived it. Thorn v. Provence.
This cause was transferred to the court below by change of venue from an-
other county, and motion te dismiss because the record showed no peti-
tion for the change of venue, filed and overruled: Held, reviewing the
action of the court below, that the Circuit Court, being a court of general
jurisdiction, its judgments and orders are to be presumed valid, unless
shown to be erroneous.
Id.
Where the instructions do not appear in the transcript, and the court below
refused to set the verdict aside, the presumption is that it was in accord-
ance with the instructions. Harris v. The State.
5. In favor of official acts.
In acts of an official nature, everything is presumed to be rightly and duly
performed, until the contrary is shown. Chrisman v. Jones,
See ACTION, RIGHT OF, 4. ADMINISTRATOR, 2.
JUDICIAL SALE, 4. LANDLORD AND TENANT, 1. SALE, 2.
TAXATION, 1, 2. VENDOR AND Vendee, 2.
1. EFFECT OF DEBTOR'S DEATH.
A lien acquired by a creditor on specific property during the life of the
debtor is not displaced by his death; and the creditor need not resort to
the general assets of his estate through the Probate Court.
Peay, as adm'r.
2. MECHANICS' LIEN: Jurisdiction of Circuit Court.
The Circuit Court has jurisdiction to enforce a mechanic's lien for a sum
under $100; proceedings to enforce liens on land, or in which the title, or
possession thereof, are involved, are expressly excepted from the juris-
diction conferred by the Constitution on justices of the peace.
al. vs. Millbourne.
The lien of the landlord is paramount to a mortgage executed by the ten-
ant on the crop. Tomlinson vs. Greenfield.
4. Nature of assignment, etc.
A lien is neither property or a debt, but a right to have satisfaction for a
debt out of property, and is not the subject of sale or assignment Rob-
erts et al. vs. Jacks.
597
The following clause in a note, executed for the rent of land, viz: "This
note constitutes a lien upon the cotton and corn raised upon said land
this year," does not create a lien upon the crop, it is merely a declaration
as to the legal effect of the note.
No lien attaches to a note executed for the rent of land; the fact that it is
gives for rent adds nothing to its legal effect.
Id.
7. On unplanted crop, for rent.
A contract for a lien on a crop to be planted, to secure the rent of the land,
is void at law, but after the crop has matured may be enforced in equity.
Id.
8. TRANSFER, Release, ETC.
While the holder of a debt, secured by a lien, cannot transfer the lien to a
stranger, without also assigning the debt, he may release it to one claim-
ing an interest, or a junior lien, on the property. Buckner v. McIl-
roy.
See INFANTS, 4, PLEADING, 10.
1. Applicable to judicial sales.
A proceeding instituted for the purpose of having a judicial sale of land set
aside, and he property re-sold, or a trust established in the plaintiff's
favor, and title to one half the land vested in him, on account of the
fraudulent conduct of the purchaser, is not a suit for the recovery of the
land, or within the provisions of section 4116 of Gantt's Digest, which
provides that all actions against the purchaser for lands bought at judi-
cial sale, shall be brought within five years. Phelps v. Jackson, adm'r,
et al.
2. DISABILITY: Accrual of after statute begins to run.
Where the statute of limitation has begun to run during the life of the
devisor, no disability in the devisee will arrest it. Bozeman et al. v.
Browning et al.
The provisions of sec. 12 of the act of March 9th, 1875, providing for the in-
corporation of cities, towns, etc., which authorizes them to licens ›, regu-
late, tax, or suppress tippling houses and dram shops, and other places of
habitual resort for tippling, etc., does not confer upon them the power to
prohibit the sale of ardent or vinous spirits in any quantities, or by any
persons, without license from the corporation. Nor have they such power
by the provisions of the 22d section of the act. The general powers
therein conferred do not enlarge the special powers conferred in the 12th
section. Tuck v. The Town of Waldron.
462
One who takes a mortgage on land pending a suit to foreclose a vendor's
lien thereon, and his assignees, are chargeable with notice of the lien.
Montgomery et al. v. Birge.
Under the provisions of the Code of Practice, all questions of law and fact
arising upon an application for mandamus, should be submitted together,
and disposed of at the same time. Moses et al. v. Kearney, clerk, etc. 261
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