Thompson v. Mead

Citations

• 67 Ill. 395

Syllabus

<p>1. Landlobd’s lien—nature of lien and Turn lost. The statute gives a landlord a lien upon the crops growing or grown upon the demised premises, in any year, for rent that shall accrue for that year. This lien is not confined to any particular crop, but embraces all the crops, or any portion of them, no matter upon what particular part of the premises they were raised.. It is created by the law, and does not grow out of the levy of a distress warrant, and is paramount to the lien of an attachment, and can be lost only by waiver or failing to enforce it at the proper time.</p> <p>2. Same—lien extends to crops on each pwt for whole rent. Where a landlord demised his farm, consisting of a house, and land in two townships, separated by a public road, the house at a monthly cash rent, and the farm lands for part of the crop, the contract being entire, and where an attachment was levied upon the tenant’s crop after the rent for the land, upon which it was grown, had been paid, it was held, that the landlord had a lien on the crop for the rent due him for the house, and premises not cultivated, which was prior to that of the attaching creditor, and that the precedence of the landlord’s lien did not depend upon the levy of a distress warrant, or any other proceeding by him.</p>