Phillips v. Atwell

Citations

• 76 Fla. 480
• 80 So. 180

Syllabus

<p>1. An agreement by which one enters upon the land of another and performs • labor thereon in cultivating the ground and harvesting crops is not an agreement by which an estate in the land is created.</p> <p>2. Section 2192, General Statutes of Florida, 1906, providing for a lien on farms, orchards, etc., in favor of any person performing by himself or others any labor thereon, includes the use of whatever tools, implements or teams that may be contracted for and used by the laborer in the performance of the labor.</p> <p>3. A lien is a, charge upon property for the payment of a debt or duty.</p> <p>4. Atwell had an agreement with Phillips to enter upon the latter’s land and cultivate and harvest the crops and Phillips would pay to Atwell one hundred dollars per month for the services of Atwell and his mules and wagon on the place. Before the expiration of the year Phillips sold the land to McKinney who knew of the agreement between Phillips and Atwell, and that the latter had not been paid for the length of time he had worked on the place, but McKinney did not continue the agreement with Atwell nor assume the contract for the unexpired time. Held, that a lien existed in favor of Atwell upon the lands for the length of time he labored upon the place to the date of sale to McKinney, but no lien existed upon the land as against McKinney for the remainder of the contract year.</p> <p>5 Whether the recovery of attorneys’ fees allowed under the Statute, Section 2218, General Statutes, 1906, is allowable, not decided.</p>