Dunlap v. Dunseth
Missouri Court of Appeals
'Appeal from the Oass Circuit Court. — Hon. W. W. Wood, Judge. (1) The landlord’s lien upon the tenant’s crop attaches from the beginning of the tenancy and is paramount to a mortgage on the crop executed by the tenant. 1 Jones on Liens, secs. 553-556; Selecmanv. Kinnard, 55 Mo. App. 635; Toney v. Goodley, 61 Mo. App. 235; Dawson v. Coffey, 48 Mo. App. 110; White v. McAllister, 67 Mo.
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'Appeal from the Oass Circuit Court. — Hon. W. W. Wood, Judge. (1) The landlord’s lien upon the tenant’s crop attaches from the beginning of the tenancy and is paramount to a mortgage on the crop executed by the tenant. 1 Jones on Liens, secs. 553-556; Selecmanv. Kinnard, 55 Mo. App. 635; Toney v. Goodley, 61 Mo. App. 235; Dawson v. Coffey, 48 Mo. App. 110; White v. McAllister, 67 Mo. App. 314. (2) The landlord is entitled to possession of the grain by virtue of the landlord’s lien. When the crop, or its proceeds, is delivered and applied on the rent, no legal process is necessary. The law…
1Opinion of the CourtSmith, P. J.
The defendant was the owner of about four hundred acres of farm and pasture lands which she rented *21to one McCarter for $1,000 for the year 1896. In the spring of that year the latter sowed fifty acres of the said farm in flax which was subsequently mortgaged to the plaintiff to secure a promissory note for $250 falling due in August following. When the flax had been cut and threshed the defendant demanded of McCarter that he deliver the same-to her in payment of one of the notes then due, which had been given by him to her for part of the rent of the farm.
The plaintiff also demanded…
2Cases cited10 opinions
- Flanders v. ChamberlainMichigan Supreme Court · 1872
- Toney v. GoodleyMissouri Court of Appeals · 1894
- Knox v. Hunt & PorterSupreme Court of Missouri · 1853
- Flanders v. BarstowSupreme Judicial Court of Maine · 1841
- Hulett v. StockwellMissouri Court of Appeals · 1887
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3Cited by6 opinions
- Oliver v. FisherMissouri Court of Appeals · 1968
- Pearson v. LaffertyMissouri Court of Appeals · 1917
- Jenkins v. Missouri Farmers Ass'n, Inc.Missouri Court of Appeals · 1993
- Speer v. Home Bank of Forest CityMissouri Court of Appeals · 1918
- State ex rel. Hadley v. Bankers Trust Co.Missouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.