151 Iowa 276 | Iowa | 1911
It appears from the petition that the plaintiff leased- his land to one Grove for a term beginning January 5, 1907, and ending March 1, 1908. The rent was made payable February 1, 1908. It appears also therefrom that the rent is unpaid; and that some time prior to March 1, 1908, the tenant sold to the defendants, who were dealers in grain, several hundred bushels of oats, and the same were received by the defendants and disposed of by them. This action was begun May 25, 1909. The ground, of the demurrer was that the action was barred because it was not brought within one year after the rent was due nor within six months after the expiration of the term of lease. • >
His contention is that his action is one for damages for conversion of property, and that he had made demand upon defendants prior to March 1, 1908, and while his lien was in effect. He insists, therefore, that he is entitled to the same period of limitation as obtains in any other action for conversion. There is something to be said for this view. It was well put by the able dissenting opinion of Mr. Justice Eeed in the Nickelson case. We are satisfied, however, that we ought not to overrule that case. Hnder our previous holdings, a purchaser from a tenant in such a case is deemed to take the property subject to the lien. The landlord is not deemed to have lost his lien because of the wrongful sale. He may pursue the property in his proper action notwithstanding the sale. After the purchaser has appropriated the property, he may recover damages for such appropriation. The measure of his recovery, however, is not necessarily the value of the property, but the value of' the incumbrance. Beck v. Minn. & Western Grocery Co., 131 Iowa, 62.
The judgment below is accordingly affirmed.