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This application for order of sale of perishable property is part of an ongoing lawsuit. The plaintiffs: Sarah W. Howard, John W. Howard, J.N. Howard, C.C. Howard, and P.T. Howard, are suing the defendant, W.M. Burchfield. The Howards allege that Burchfield rented fields from them to farm in 1925 and signed a contract to pay $1200 rent by January 1, 1926. In the suit, they state that the defendant failed to pay all but $100, so they put a lien on his crops. Instead of paying the Howards, Burchfield allegedly sold some of his crops, then skipped town. The application depicted here was approved and the crops sold for a total of $398.05.
In the Circuit Court for the Western District of Lawrence County, Arkansas.
Sarah W. Howard, John W. Howard,
J.N. Howard, C.C. Howard and P.T. Howard, Plaintiffs
W.M. Burchfield, Defendant.
Application for order of sale of perishable property.
Come the plaintiffs Sarah W. Howard, John W. Howard, J.N. Howard,
C.C. Howard and P.T. Howard, and hereby applying for an order of this
Court for the sale of the property attached in this action, state:
That said property attached herein consists of corn, hay, cotton that
has been picked and cotton yet ungathered in the field; that there are
some 350 or 400, bushels of corn gathered, and some 3 or 4 tones[sic] of hay
baled, and stored in places on the farm, but defendant has abandoned the
premises; the cotton picked is piled in an open porch, and the unpicked
cotton will soon be valueless. All of said property is subject to be des-
troyed by fire, or carried away; and an early sale thereof would be for
the ebst interests of the parties to this action, because of the perishable
nature or the great expense of properly caring for the same.
Plaintiffs futher state that the present whereabouts of defendant are
unknown, although they have made dilligent[sic] inquiry of the wife of defendant
and other persons who are related to defendant; that the Sheriff's return
on the writ and summons herein shows that said summons cannot be served
on defendant, because of his disappearance and plaintiffs are unable to
have notice of this application served on defendant, his family having
removed from his usual place of abode.
Wherefore, plaintiffs pray that the Court direct that the property
attached ehrein be sold.
Attorney for Plaintiffs.
Document, 8.5" x 14"
Agriculture; Farms; Farmers; Farm life; Farming; Harvesting; Contracts; Cotton; Corn
Lawrence County Circuit Court
Walnut Ridge, Lawrence County (Ark.)
MSNE.0070, Box 34, Folder 38
Lawrence County (Ark.) Circuit Court records, MSNE.0070
Arkansas State Archives
Northeast Arkansas Regional Archives
Application for order of sale, Howard v. Burchfield, Lawrence County (Ark.) Circuit Court records, Northeast Arkansas Regional Archives, Powhatan, Arkansas.
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