Lindsey v. Bloodworth

• Decision Date: 13 February 1911
• Citation: 134 S.W. 959
• Parties: LINDSEY v. BLOODWORTH.
• Court: Arkansas Supreme Court

134 S.W. 959

LINDSEY v. BLOODWORTH.

Supreme Court of Arkansas.

February 13, 1911.

Appeal from Circuit Court, Clay County; Frank Smith, Judge.

Action by C. T. Bloodworth against J. C. Lindsey. Judgment for plaintiff. Defendant appeals. Affirmed.

Omitting the caption the complaint is as follows: "Comes the plaintiff herein, and for cause of action against said defendant states that on the 16th day of November, 1909, he rented to the defendant, J. C. Lindsey, for the crop season of 1910 certain parts of his farm in section 16, township 21 N., of range 5 E., in Clay county, Ark., as evidenced by a written contract herewith attached marked `Exhibit A,' and made part of this complaint; that the said J. C. Lindsey agreed to sow a certain portion of said land in rye and timothy; that the said Bloodworth purchased timothy seed to sow said land according to said contract, but the defendant has failed, refused, and neglected to sow said land in compliance with his contract as aforesaid; that, under the terms of the said contract, the said defendant herein agreed to ditch the field west of the house on said farm and which he agreed to cultivate in corn, peas, and oats, with a good scraper ditch leading into Cypress creek; that he has failed, refused, and neglected to ditch same before the crop season, as contracted; that the said J. C. Lindsey in said contract agreed to cultivate said land in corn, peas, and oats; that, instead of cultivating the land as contracted, he has put in a small portion of same in sunflowers; that he has sowed about six acres of oats and has wrongfully, unlawfully, and without any right or authority whatever pastured his stock on said oats until the same is eaten up and destroyed, thus depriving this plaintiff of his one-third share of said crop; that he has wrongfully, unlawfully, and in willful violation of his contract failed, neglected, and refused to plant any part of said land in corn; that instead of cultivating said land, as he contracted to with this plaintiff, he wrongfully and unlawfully pastured his horses, cows, and goats on said fields, thus depriving this plaintiff of his one-third share of said crops as rent of said lands; and that said defendant is allowing a great portion of said lands to lay idle and uncultivated, and is using the same for pasture of his stock; and that the defendant, J. C. Lindsey, has failed, refused to pay rent to this plaintiff, but has appropriated the entire crop of oats to his own use. Plaintiff further states that the rental value of said land is $200. Plaintiff further states that, by reason of defendant neglecting, failing, and refusing to comply with his contract and sow the five acres around the main dwelling house in timothy, he is damaged in the sum of $50; that, by reason of his failure to ditch land as aforesaid, he has suffered damages in the sum of $50. Plaintiff further states that he has caused a written notice to be served on said defendant, J. C. Lindsey, more than three days before the commencement of this action, demanding possession of said premises, and said notice is hereto attached marked `Exhibit B,' and made a part of this complaint. Plaintiff further states that he is lawfully entitled to the possession of said lands and tenements mentioned herein, and that said defendant unlawfully detains the same after he has made lawful demand therefor. Wherefore plaintiff prays that a writ of possession issue, that he have judgment against said defendant for the possession of said premises and for damages as aforesaid in the sum of $300, and for all proper relief. C. T. Bloodworth. Subscribed and sworn to before me this 3rd day of June, 1910. W. O. Irby, Clerk, by J. M. Curtis, D. C."

The notice to quit, which is made Exhibit B to complaint, is as follows: "To J. C. Lindsey: You are hereby notified to quit the premises on which you are now living, to wit: North half of the Northwest quarter and S. E. ¼ of N. W. ¼, section 16, township 21 North of Range 5 East, and deliver possession thereof to C. T. Bloodworth within three days of the date of the service of this notice upon you or steps will be taken to dispossess you. C. T. Bloodworth." Indorsement: "State of Arkansas. County of Clay — I, have this 23rd day of May, 1910, duly served the within notice by delivering a copy and stating the substance thereof to the within named J. C. Lindsey. Joe M. Copeland, Sheriff, by T. L. Fowler, D. S. Fees: Service 50 cents. Mileage 10 cents. Filed this 4th day of June, 1910. W. O. Irby, Clerk, by ...