H. R. E., B. & B. Ass'n v. Cochran

Citations

• 60 Tex. 620
• 1884 Tex. LEXIS 15

Syllabus

<p>1. Statutes construed.— Construing articles 3122a and 8132b with title LVIII of the Revised Statutes, it is apparent that the legislature intended to limit the operation of the landlord’s lien to a yearly renting.</p> <p>3. Same.— The provision of the statute which continues the landlord’s lien in fo. ce so long as the tenant shall occupy the rented premises applies only when the lien has attached to the property of the tenant by reason of rents due, or such as are accruing and will certainly become due under the particular tenancy. It does not fix the lien on the tenant's property for any rents that may possibly become due for another term or tenancy, whether such term be created by contract or holding over.</p> <p>3. Case distinguished.— This case distinguished from Fowler v. Ripley, 15 Wallace, 328, and Webb v. Sharp, 13 Wallace, 14.</p> <p>4. Mortgage—Landlord’s lien.— When a tenant from month to month mortgages personal property to another, and the rent due his landlord for the month in which the mortgage is executed has been paid, and the property remains upon the premises by permission of the mortgagee from month to month, the lien of the landlord is subordinate to that of the mortgage.</p>