Lumbley v. Gilruth
Lumbley v. Gilruth
Opinion of the Court
delivered the opinion of the court..
The. landlord did not advance anything to his tenant within the meaning of § 1301 of the Code. He forebore to compel delivery of the corn or payment for it, and agreed that the tenant might pay at the end of the next year. To constitute “ advance,” the landlord must furnish, or cause to be furnished, something not before the tenant’s, and mere forbearance to demand something due him from the tenant in one year, does not give him a lien on the agricultural products of the leased premises for the next year, as. against one who has a deed of trust embracing them, whatever may be his right as against the tenant. The corn due from the tenant was not delivered, but continued to be his property, and the transaction between him and the landlord amounted to no more than forbear-’ anee to demand what was due.
Reversed and remanded.
Reference
- Full Case Name
- R. W. Lumbley, Trustee v. J. N. Gilruth
- Cited By
- 2 cases
- Status
- Published
- Syllabus
- Landlord and Tenant. Lien. Advances. Section 1301, Code of1880, considered. Case in judgment. A landlord lent a certain quantity of corn to his tenant to be used by the latter in making his crop, the corn to be returned or paid for at the close of the then current year. When the time for delivery arrived, the landlord demanded his corn, but it was inconvenient for the tenant to return the same, and the landlord agreed to allow him to return or pay for it at the close of the ensuing year. Held, that this did not constitute an “ advance ” for the second year within the meaning of $ 1301, Code of 1880, which gives the landlord a paramount lien on a crop for all “ advances ” of supplies used in making such crop, but was a mere forbearance to demand something already advanced in a preceding year.