Harmon v. Payton

Citations

• 68 Kan. 67
• 74 P. 618
• 1903 Kan. LEXIS 409

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Landlord and Tenant — Attachment for Bent. Under section» 27 of the landlord-and-tenant act (Gen. Stat. 1901, §3871), a landlord is entitled to an attachment upon the crops raised by his-tenant where the rent is payable in a share of the crop, in case the tenant has disposed of an appreciable portion of such crop,, even though a sufficient portion is left for the landlord’s share,, and even though the time has not arrived when such share should-, be harvested and delivered.</p> <p>2. -Distribution of Proceeds of Sale. In case a landlord’s-attachment is maintainable, the rent being payable in a share of the crop, and the attached crop has by order of the court been-Sold and converted into money, it is the duty of the court to ascertain the value of the landlord’s share at the time it should,, under the contract or custom of the country, have been delivered, to him, and direct its payment out of the proceeds of the sale of the attached crop.</p>