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35 Iowa 580

Secrest v. Stivers

Supreme Court of Iowa

Decided January 22, 1872

Supreme Court of Iowa · decided 1872-01-22

This action was tried upon the following agreed statement of facts: That plaintiff Secrest leased his farm to the said Stivers, defendants, October 1, 1869, for one year, ending October 1, 1870, for two-fifths of all the grain raised on the premises, about one hundred and forty acres, the small grain to be delivered in the bushel and the corn in the crib on the premises; that defendant, the said Stivers, abandoned said farm in August, 1870; that there were planted in corn by…

Decided 1872-01-22

Cole, J.

¶1The plaintiff, upon the agreed statement of facts, was entitled to a judgment for the value of the labor in gathering the corn, and to a landlord’s lien upon the crop of the tenant’s grown on the land for its payment. And this for the reason that under our statutes (Rev., § 2302), a landlord has a lien for his rent upon all crops grown on the demised premises. Bent is a certain profit, either in money, provisions, chattels or labor, issuing out *582of lands and tenements in retribution or return for tbeir use. Coke on Littleton, 144; Merritt v. Fisher, 19 Iowa, 354, and eases cited. The labor in gathering the corn was a part of the rent the tenants agreed to pay, and for that or its value, the landlord is entitled to his lien. The purchaser of the tenant’s share on the ground and on the leased premises certainly stands in no better situation than the tenant’s, either on principle, under our statute (§ 2302), or upon precedent. Case v. Hart, 11 Ohio, 364.

¶2Reversed.

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