Gittings v. Nelson

Citations

• 86 Ill. 591

Syllabus

<p>1. Lien—pledge of property not in existence. An agreement in the spring, before the existence of a crop, to give another a lien upon the crop to he raised that year, for property purchased and for advances, or that the crop shall belong to the creditor until he is paid, can not operate upon the crop after being raised, as a transfer by way of pledge or mortgage, or otherwise, until at least after possession taken by the creditor, and before possession so taken the crop will he liable to an execution against the debtor.</p> <p>2. Landlord’s lien—upon crop raised. 'Where a landlord rents farming land for a share of the crop, which he receives, and also rents a house and lot for a cash rent, if he seeks to enforce a lien on the balance of the crops grown on the farming land for the rent due on the house and lot, he must show that there was but one demise as to the whole premises. If the demise of the house was separate and distinct, there will be no lien on the crop as to the rent due on the house.</p>