Miles v. James
Illinois Supreme Court
Writ of Error to the Circuit Court of Monroe county; the Hon. Silas L. Bryan, Judge, presiding. This was an agreed case, submitted to the court below for decision on agreement of the facts of the case, as follows: Peter Warren leased, for the years 1862 and 1863, certain premises of Miles, at an annual rent of one third of the crop, and in the fall of 1862 sowed twenty-five acres of wheat which was growing on the premises subject to any lien the landlord might have for rent.
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Writ of Error to the Circuit Court of Monroe county; the Hon. Silas L. Bryan, Judge, presiding. This was an agreed case, submitted to the court below for decision on agreement of the facts of the case, as follows: Peter Warren leased, for the years 1862 and 1863, certain premises of Miles, at an annual rent of one third of the crop, and in the fall of 1862 sowed twenty-five acres of wheat which was growing on the premises subject to any lien the landlord might have for rent. Lewis James obtained judgment against Peter Warren before 'Eccles, a justice of the peace, and on the 23rd of March,…
1Opinion of the CourtChief Justice Walker
We are called upon in this case to give a construction to the 8th section of the chapter entitled “Landlord and Tenant.” That section declares that “Every landlord shall have a lien upon the crops, growing or grown upon the demised premises in any year, for the rent that shall accrue for such year.” The record shows that the wheat in controversy was sowed in the autumn of 1862, and matured and was harvested in the summer of 1863. It manifestly was growing in each year, and at the same time the rent of each year was accruing. The growth of each year was absolutely essential to its maturity,…
2Cited by3 opinions
- Finney v. HardingIllinois Supreme Court · 1891
- Hunter v. WhitfieldIllinois Supreme Court · 1878
- Howe v. ClarkAppellate Court of Illinois · 1887