Frink v. Pratt

Citations

• 130 Ill. 327
• 22 N.E. 819

Syllabus

<p>1. Landlord's lien—upon crops—character of the lien. The lien given by statute to a landlord on the crops for the rent of the premises does not invest him with the title thereto, either general or special. Por any injury to the crops grown or growing, the right of action is in the tenant alone. The legal title remains in the tenant, simply charged with the lien of the landlord, and such lien is in some respects analogous to the lien given by law to officers under executions. Without a levy or taking possession of the crops, the landlord, though invested with a lien, has no such title to the same as will enable him to maintain trover for their conversion.</p> <p>2. The landlord’s interest in the crops raised toy his tenant, who is to pay a cash rent, is that of a mere security for the payment of the rent. It differs from the security of a chattel mortgage, in which the legal title passes to the mortgagee. In case of a chattel mortgage, trover or replevin lies on breach of its condition.</p> <p>3. Same—as to the crops of a different year—from that for which the rent is due. A landlord’s lien on the crops of a given year is confined to the rents due for that year. He will have no lien on such crops for unpaid rent of a prior year.</p> <p>4. - Trover—when the action will lie—essentials to support the action. In trover, the plaintiff must recover on the strength of his own title, without regard to the weakness of that of his adversary. It is a pos-sessory action, and in order to maintain it, the plaintiff must show in himself either a general or a special property in the thing alleged to have been converted. It is essential that the plaintiff, at the time of the conversion, should have not only the right of property in the chattel, but also the right to the immediate possession.</p> <p>5. The plaintiff, in order to recover, must show a legal title. His right to possession must be immediate, absolute and unconditional, and not dependent on some act to be done by him. I