Maelzer v. Swan

Citations

• 75 Kan. 496
• 89 P. 1037
• 1907 Kan. LEXIS 89

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Petition — Landlord’s Lien on a Crop — Action Against Purchaser from the Renter. In an action against the purchaser of a crop grown on rented land and upon which there was a lien for unpaid rent it is not necessary for the plaintiff, who seeks to enforce the lien, to set forth a copy of the written lease executed by the landlord and tenant.</p> <p>2. Parties — Defect Waived. The defendant not having made any objection as to a defect of parties, either by demurrer or answer, is deemed to have waived the same.</p> <p>3. Notice — Landlord’s Lien — Purchaser of a Renter’s Crop. The landlord’s lien is only enforced against purchasers who have notice of such lien, but a constructive notice is sufficient; and where the purchaser of a crop grown on rented land has notice of facts and circumstances which would put a prudent man on inquiry it is a good notice of all an inquiry would have disclosed.</p> <p>4. - Constructive Notice. The circumstances brought to the attention of the purchaser herein, indicating that the crop was grown on rented land, made it necessary for him to inquire further, and the testimony is deemed to be sufficient to sustain the finding that a reasonable inquiry would have led to the discovery that the crop purchased was subject to a lien.</p>