Wetsel v. Mayers

Citations

• 91 Ill. 497

Syllabus

<p>1. Landlord’s lien—not dependent upon levy of distress. The lien given a landlord upon the crops grown or growing upon the demised premises, by the statute, does not grow out of the levy of a distress warrant, but is a paramount lien, of which every person must take notice, and can only be lost by waiver, or failing to enforce it within the proper time. The abandonment of proceedings by distress is not a waiver of the lien.</p> <p>2. A landlord having a lien upon the crops grown upon the demised premises prior to that of an execution, is entitled to the possession of the crops to enforce the same, and if the property is taken on the execution, may maintain replevin against the officer seizing the same, without regard to any proceedings by distress.</p>