Applewhite v. Nelms

Citations

• 71 Miss. 482

Syllabus

<p>1. Landlord’s Lien. Code 1892, £ 2495. Distraining crop of subtenant. Marshaling. Subrogation.</p> <p>Since the lieu of a landlord, under £2495, code 1892, extends to all agricultural products of the leased premises, by whomsoever produced, a subtenant, by reason of th,e liability of his crop, and to the extent thereof, occupies the relation of a surety for the rent due by the tenant, and may, therefore, in equity compel the landlord to first resort to the estate of the tenant, the principal debtor, and preserve whatever securities he may have from such tenant, in order that the subtenant, whose crop is taken for rent, may be subrogated thereto.</p> <p>2. Same. Purchaser from tenant. Right of subtenant.</p> <p>Where one, without the landlord’s consent, has purchased from the tenant crops subject to the lien for rent, a subtenant, whose crops are seized by the landlord under his lien for such rent, may in equity compel him first to enforce the liability of such purchaser for the value of the crop so purchased.</p> <p>3. Joint Renters. Equities against landlord. Rights of subtenant.</p> <p>Where two jointly rent land and partition it, a court of equity, having jurisdiction of all the parties and the subject-matter, will maintain their equities by requiring the landlord, as far as practicable, to collect his rent from them ratably; but there is no obligation on a subtenant of one of them, whose crops are distrained for the rent of such tenants, to protect one of them as against the default of the other.</p> <p>4. Same. Rights of tenant and subtenant. Purchaser. Marshaling securities.</p> <p>In a suit in equity by such subtenant whose crops have been distrained by the landlord, and who seeks to marshal securities and adjust equities, the court, the proper parties being before it, should decree, first, that whatever is due by the subtenant on his rent be paid to the landlord; then, that the property of the tenants be exhausted, preserving equality between them as far