95 Iowa 219 | Iowa | 1895
I. The certificate of the trial judge is as follows: “It is desirable in the above-entitled cause that the following questions shall be passed upon by the supreme court of the state of Iowa upon the following undisputed facts as they appear on the trial: On or about the fifteenth day of March, 1891, the plaintiffs were the owners of a farm situated about two miles from the town of Callender, in Webster county, Iowa. Upon that date they rented to one Kollansrud, by a written lease, said premises for the term ending March 1,1892, with the rent reserved of two hundred and forty dollars, evidenced by a promissory note, which became due January 1, 1892. During the months of October, November, and December of 1891, and January, February, and March of 1892, Counselman & Co. were grain buyers located in the town of Callender, Iowa. During the months of November and December of 1891, and January and February of 1892, the tenant Kollansrud delivered to the defendants, at their warehouse in Cal-lender, three hundred and one bushels of corn, about two hundred bushels of which were delivered between the fifth and fifteenth of February, 1892; the remaining one hundred and one bushels were thus delivered at various times during said months up to the fifteenth
II. Code, section 2017, provides that: “A landlord shall have a lien for his rent upon all crops grown upon the demised premises and upon any other personal property of the tenant which has been used on the premises during the term, and not exempt from execution, for the period of one year after a year’s^ rent, or the rent of a shorter period claimed, falls due.” It is entirely clear that plaintiffs had a lien upon this corn for the rent unpaid. In Richardson v. Peterson, 58 Iowa, 724 [13 N. W. Rep. 63], it was held that the sale, by a tenant, of horses used upon the demised premises, and upon which the landlord’s lien attached,, to a party who had no knowledge thereof, did not defeat the lien or release the property therefrom. In that case a rehearing was granted, and, after full discussion, the question was considered with unusual care, and the conclusion then announced has been recognized ever since by this court. The corn being upon the demised premises, the plaintiffs’ lien did extend to all of it, including that sold to defendants, and, under the decision just mentioned, the defendants are liable to the plaintiffs for the value of the corn in question unless the plaintiffs waived their lien or are estopped by the facts from now asserting it. We do not think there is anything in the facts as certified showing a waiver of their lien by the plaintiffs, or that should estop them from now asserting it. There are no such facts upon which to find waiver or estoppel as in the case of Wright v. E. M. Dickey Co., 83 Iowa,