Holden v. Cox
Supreme Court of Iowa
Appeal from Des Moines Circuit Court. Action to recover damages alleged to have been sustained by reason of the unlawful appropriation of .certain corn upon which the plaintiff had a landlord’s lien. The defendant concedes tthat he appropriated the corn, but denies that he is liable therefor, because he says that he purchased the same of the plaintiffs tenant, the owner of the corn, as he had a right to do, and the plaintiff’s lien, if any, thereby became divested.
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Appeal from Des Moines Circuit Court. Action to recover damages alleged to have been sustained by reason of the unlawful appropriation of .certain corn upon which the plaintiff had a landlord’s lien. The defendant concedes tthat he appropriated the corn, but denies that he is liable therefor, because he says that he purchased the same of the plaintiffs tenant, the owner of the corn, as he had a right to do, and the plaintiff’s lien, if any, thereby became divested. The defendant’s purchase appears to have been made in December," 1878. The corn in question had been raised that year by one Ray,…
1Opinion of the Court
Adáms, J.
Section 2017 of the Code provides that the “landlord shall have a lien for his rent upon all crops grown upon the demised premises.” This provision would, of course, be sufficient to enable the .landlord to follow the crop into the hands of a person who was a mere trespasser, but the defendant contends that it is not sufficient to enable the landlord to follow the crop into the hands of a purchaser. His argument is, that the tenant must, in the nature of the case, be allowed to market his crop, and, if so, that he must be allowed to give a good title. In support of his proposition he…
2Cases cited2 opinions
- Grant v. Whitwell, Marsh & TalbottSupreme Court of Iowa · 1859
- Nesbitt v. BartlettSupreme Court of Iowa · 1863
3Cited by19 opinions
- Zapp v. Johnson and DickTexas Supreme Court · 1895
- Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
- Gila Water Co. v. International Finance Corp.Court of Appeals for the Ninth Circuit · 1926
- Mitchell v. Monarch Elevator Co.North Dakota Supreme Court · 1906
- Farmers' Elevator Co. v. Advance Thresher Co.Court of Appeals of Texas · 1916
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