Hodges v. Cooksey

Citations

• 33 Fla. 715

Syllabus

<p>1. The relation of landlord and tenant existed between the parties appellant and appellee, as shown by the record in this case.</p> <p>2. The constitutional exemption of personal property to the head of a family residing in this State can not be claimed by a tenant as against the lien for rent in fayor of the landlord on any of the-agricultural products raised on the land rented. The land in such a case is regarded as such a factor in the production of the crops as to subordinate the title of the tenant thereto to the superior lien given by statute for the use of the premises.</p> <p>3. The statutory remedy for the enforcement of a claim for rent is embraced within the terms “any process of law.” contained in the exemption article of the Constitution of 1868, and the personal property exemption secured by that instrument, other than agricultural products raised on the land rented, may be claimed by the head of a family residing in this State, as against the lien for rent given by statute in favor of the landlord.</p>