Russell v. Painter

• Decision Date: 04 February 1888
• Citation: 7 S.W. 35,50 Ark. 244
• Parties: RUSSELL v. PAINTER
• Court: Arkansas Supreme Court

7 S.W. 35

50 Ark. 244

RUSSELL v. PAINTER

Supreme Court of Arkansas

February 4, 1888

APPEAL from Ouachita Circuit Court, B. F. ASKEW, Circuit Judge.

STATEMENT.

Painter brought this suit against Alexander & Son to recover a sum alleged to be due for work and labor, and to enforce a laborer's lien on certain lumber.Russell filed an interplea claiming the lumber under a deed of trust executed by the Alexanders on the 14th day of January, 1886, and by which they conveyed to him "all the lumber to be sawed at their steam saw mill * * * for the year 1886, beginning the 15th day of March, 1886."This conveyance was made to secure the payment of a note of the same date, made by the defendants and payable to David W. Chandler, for the sum of $ 1,200.The deed contained a power of sale, and authorized Russell, on default being made in the payment of the note, to take possession of the lumber; and it was conditioned for the payment of $ 200 on the 15th of April, 1886, and $ 200 on the 15th of each succeeding month until the payment of the note should be completed.It was alleged in the interplea, and shown by the evidence, that when the lumber was attached by the plaintiff, it was in the possession of the interpleader under an agreement with the defendants.The judgment of the circuit court was in favor of the plaintiff for his debt and sustained his lien.The interpleader appealed.Counsel for the appellee urged as an objection to the interplea that as the lumber was not in existence when the deed of trust was executed, the legal title to it was not acquired by the interpleader.

Judgment reversed and cause remanded.

B. W Johnson and H. G. Bunn, for appellants.

There was no lien for the $ 200.00 for services in moving and setting up the mill.Appellee was only entitled to a lien on lumber the product of his labor.Mansf.Dig., 4425, 35 Ark 169.A laborer's lien could not possibly exist except as to $ 115.54.

J. M Kelso, for appellee.

Laborers have a lien for work and labor on the product of their labor.Manf. Dig., sec. 4425, 42 Ark. 263.The lumber was the product of appellee's labor as a sawyer, and the court properly condemned it to be sold.

OPINION

COCKRILL, C. J.

It is no answer to the interpleader's claim to say that he was the equitable and not the legal owner.He had the possession and the equitable title when the property was attached.

The court found that for services rendered in...