O'Hara v. Jones

Citations

• 46 Ill. 288

Syllabus

<p>1. Landlord and tenant—distress for rent—liens. Under our law, the landlord has the lien and a right to distrain in all cases where the rent is certain, whether the right to distrain is reserved or not in the lease.</p> <p>2. This statutory lien in favor of the landlord is superior to other junior liens, and may be enforced against all but prior liens and bona fide purchasers, without notice.</p> <p>3. If the goods of a tenant are seized under execution or attachment, the landlord’s lien for rent is superior, and will hold the property.</p> <p>4. Same—assignment—rights of assignee. The rule of law is well settled, that an assignee, to whom property is transferred for the- payment of the assign- or’s debts, takes it as a volunteer, and subject to all liens to which it is then' liable. ■</p> <p>4. If liens exist upon the property when the assignment is made, they must be first discharged in the order of their priority and the remainder, thus freed from the liens, must then be applied according to the trust as disclosed in the deed of assignment.</p>