Clarke v. Cobb

Citations

• 121 Cal. 595
• 54 P. 74
• 1898 Cal. LEXIS 960

Syllabus

<p>Landlord and Tenant—Lease—Rent Payable in Produce.—A contract by which farming lands were demised and let for a term of years to one who agreed to give annually for the use thereof a certain portion of the crops of grain and other products grown thereon is a lease, creating the conventional relation of landlord and tenant between the parties, and not a cropping contract. The portion of the grains and fruits to be delivered to the landlord, when gathered, is rent, which is a compensation for the use of the land, and may be made payable in any chattels or products of the soil, equally as well as in money.</p> <p>In.—Cotenancy in Crops—Property of Tenant—Rent.—Though a landlord and tenant, who are not cotenants of the land, may be made cotenants in the crops to be raised, such cotenancy does not exist, where there are no appropriate words in the lease to indicate it; and, in the absence of such words, the products to be delivered to the landlord after harvest will be deemed the property of the tenant until the delivery is made, and treated as rent to be then paid.</p> <p>Id.—Sale of Leased Land under Foreclosure—Apportionment of Rent to Purchaser.—A sale under the foreclosure of a mortgage upon leased land, upon which a portion of the products of the soil was to be delivered annually as rent, and which became due and payable for the year, after the purchase from the sheriff, and before the expiration at the time for redemption, does not entitle the purchaser to the whole of the rent; but he is entitled, under section 707 of the Code of Civil Procedure, only to an apportionment of a share of the annual rent, in proportion to the unexpired part of the lease-year existing after the purchase.</p> <p>Id.—Assignment of Lease—Recovery of Rent.—The effect of the sale by the sheriff under foreclosure was equivalent to an assignment of the lease by the landlord to the purchaser for such portion of the lease-year as existed between the time of purchase and the expiration of th