Butler-Kyser Oil & Fertilizer Co. v. Howle
Butler-Kyser Oil & Fertilizer Co. v. Howle
Opinion of the Court
Suit was instituted in the circuit court by appellee, as plaintiff, to recover of appellant, as defendant, for the illegal destruction of a landlord’s lien on a mule. One Gaddis was a tenant of the plaintiff, who advanced him during the term of his tenancy $30 to buy a cow. The tenant bought the cow with the $30 advanced by his landlord, the plaintiff, and after-wards made several exchanges, finally receiving in exchange, through a series of barterings, the mule in question for the cow purchased in the first instance with the money furnished by his landlord.
It is the appellant’s contention that the statute should not be extended to give the landlord a lien on the property obtained by the tenant through several exchanges, conceding that the landlord had a lien on the original property first bartered by the tenant. The statute declaring a lien in favor of the landlord for rent of farm land and advances (Code, § 4734) provides that he shall have a preferential lien “on all articles advanced, and on all property purchased with money advanced, or money obtained by barter in exchange for articles advanced.” The property or article purchased by the tenant with the money furnished by the landlord being subject to the lien, and the property or article obtained
The only assignments of error go to the proposition discussed, and from what we have said it will be seen that it is our opinion that charges Nos. 1 and 2, requested by the defendant, were properly refused.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.