Watt v. Scofield

Citations

• 76 Ill. 261

Syllabus

<p>1. Landloed’s lies—purchase of crop with notice will not defeat the lien. The statutory lien given a landlord upon the crops growing or grown upon the demised premises in any year for the rent that shall accrue for such year, is not defeated by a sale of such crop or any portion thereof by the tenant to a person who has notice of the fact of the tenancy, and that it was raised on the demised premises, but the landlord may enforce his lien upon such crops as against such purchaser.</p> <p>2. Same—when the lien attaches. The landlord’s lien attaches upon the crops grown upon the demised premises in any given year, for the rent of such year, from the time of the commencement of their growth, whether the rent is then due or not.</p> <p>8. Notice—-facts sufficient to charge purchaser of wops from atenant with notice of landlord’s lien. Where a purchaser of corn from a tenant knows the fact of the tenancy, and that his vendor, as such tenant, had raised .the corn on the demised premises, this will be notice to him of any lien the landlord may have upon the same for unpaid rent.</p> <p>4. Same—what will amount to. It is the common doctrine, that what is sufficient to put a purchaser upon inquiry, is good notice of what. • ever the inquiry would have disclosed.</p> <p>5. Tboveb—when it lies. To maintain trover there must exist the right of immediate possession. Where a tenant sold and delivered corn, upon which his landlord had a lien for rent, not then due, and the landlord made a demand of the same before the rent was due, and upon refusal to deliver brought an action of trover against the purchaser: Held, that, as the landlord was not then entitled to possession, he could not maintain trover for a conversion of his property.</p>