Wilkes v. Adler, Goldman & Co.

Citations

• 68 Tex. 689
• 5 S.W. 497
• 1887 Tex. LEXIS 756

Syllabus

<p>1. Appeal Bond.—Though the bond given to appeal a cause from, the judgment of a justice’s court may not, in the body thereof, give the names of the plaintiff and defendant except by reference to the style of the cause correctly written in the caption of the bond, and may fail in the body thereof to disclose the name of the justice of the peace before whom the cause was tried, yet if the language used therein can have reference to no other plaintiff and defendant ttian those mentioned in the transcript from the justice’s courc, and to no other case, nor to any other court than to that mentioned in the caption of the bond, it will be sufficient.</p> <p>2. Landlord’s Lien.—The landlord’s lien for advances to make a crop attaches by virtue of the statute to the crop raised by the tenant, which lien is superior to any other that can be given so long as the landlord’s lien remains in*force. Until that lien is satisfied, the tenant can not remove the crop made by him from the premises without subjecting it to attachment, nor can any other lien holder affect the landlord’s lien by removing it.</p> <p>3. Same.—The lien attaches to the entire crop, and a subsequent lien holder who has removed the crop from the rented premises without the landlord’s consent, and who has purchased it at forced sale under proceedings foreclosing such junior lien, can not protect himself in its appropriation by showing that the tenant still had on the premises other property subject to the landlord’s lien sufficient to satisfy it. The landlord’s lien attaches to the entire crop, and can not be extinguished as to any part of it by its unauthorized removal from the rented premises.</p> <p>4. Marshaling Securities.—The doctrine which permits a marshaling of securities for the benefit of a junior mortgagee, has no application to a case where the junior lien has its origin in an act which is discountenanced by the statute, or where the senior lien holder would be inconvenienced or delayed in the co