McLain v. Willey

Citations

• 25 Del. 186
• 2 Boyce 186
• 78 A. 493
• 1910 Del. LEXIS 93

Syllabus

<p>1. Landlord and Tenant — Land—Distress—Right to Distrain— “Property.”</p> <p>A landlord has no right to distrain for rent, where he has let land with the agreement that muskrats, which the tenant may take upon the property, are to be divided; for these animals are not “property”, within the meaning of the law, out of which rent arises.</p> <p>2. Landlord and Tenant — Rent—-Payment in Crops — Reasonable Time.</p> <p>Where rent is payable in crops, it is the duty of the tenant to properly harvest his crops and deliver the landlord’s share within a reasonable time.</p> <p>3. Landlord and Tenant — Rent—Payment in Crops — Duty to Care for.</p> <p>Where rent is payable in crops, it is the duty of the tenant, until delivery of the rent, to care for the landlord’s share and keep it in such a place that by the exercise of reasonable care it will remain safe.</p> <p>4. Landlord and Tenant — Rent—Crop Rent — -Failure to Cultivate. In an action of replevin for goods taken by way of distress, a landlord cannot recover against the defendant, his tenant, where the lands are demised upon terms of crop rent, for any failure to properly cultivate.</p>