Doty v. Heth

Citations

• 52 Miss. 530

Syllabus

<p>1. Covenants Punning with Land : Assignees. Under-tenants.</p> <p>Where, in a contract of lease, a mortgage upon the crops to be raised is reserved to protect the rents, it constitutes a covenant running with the land, and is binding upon all subsequent assignees of the lease ; but in order to have this effect the assignment must be of the whole or a part of the land for the entire term embraced in the original lease. Where the assignment is for a portion only of the term, the relationship is that of under-tenants, and they are not bound by the covenants.</p> <p>2. Tenancy : Cropping on shares.</p> <p>Tenancy usually means legal ownership of a term in the land, which can be subjected to sale under execution, and also the exclusive ownership of the products to be raised thereon. This would be so even where the rentreserved was a portion of the product.- In such cases the landlord and tenant would exist, and the legal title to the crop would vest in the tenant. Exactly what relationship is created by a contract to crop bn shares is difficult to define. . Such contracts are usually-regarded -as constituting the parties tenants in common of the crop, but not joint tenants or tenants in common, of the land.</p> <p>8. Lien on Chops : Landlord’s elairn for rents.</p> <p>Previous to our recent statutes giving and regulating liens on crops there was no lien for rents in'this state; hence where, previous to the enactments of said statutes, a land owner.leased his land for. three years, taking mortgage on the crop to be raised by the tenant to secure his rents, and kis lessee employed laborers for one year to make a crop on the shares : ffeld, that in the absence of fraud and unfair contracting between the lessee and his 'laborers, and in view of the fact that the land owner knew that the crop must be brought into existence by hired labor, and of the custom of the country to raise crops on the shares, the land owner could only subject to his claim for rent the interest or s