Arbuthnot v. Thatcher

BOULDIN, Justice.

The appeal is from a decree sustaining demurrers to a bill in equity.

The bill was filed to enforce a lien for rent of a storehouse (Code, § 8814) ; and to adjust the priorities between the landlord’s lien and the lien of a mortgagee acquired pending the tenancy.

The bill avers that from September 1, 1937, to April 1, 1938, the store building was occupied by the “tenant of complainant at a monthly rental of $35 per month payable monthly on the first day of each month.” That during the time the tenant became indebted to complainant for rent in the sum of $245, had paid thereon…