In re Hoopes

Layton, C. J.,

delivering the opinion of the Court:

The execution creditor contends that by the express language of the statute, the landlord’s statutory preference is limited to rent growing due during the year next follow*129ing the date of the levy or seizure; and, therefore, any money received by the landlord, from whatever source derived, if applied by him as and for rent subsequent to the seizure, must be deducted from the amount of the statutory claim.

This contention must be examined in the light of the policy of the statute as it has frequently been interpreted. The statute is an ancient…