107 Iowa 727 | Iowa | 1898
In November of the year 1894 appellants leased to the appellees, for the term of ten years, a tract of land of some two thousand acres, situated in Coffey county, Nansas, for the agreed rental of one thousand dollars for each of the first five years and one thousand five hundred dollars for each of the remaining five, payable in two equal cash payr ments, on the first days of June and December in each year. The term was to commence on the first day of March, 1895, and continue for ten years from that date. Defendants went into possession under the terms of the lease, and continued to use and occupy the property until March 1,1897, at which time they abandoned it.' This action was commenced on the eleventh day of January, 1897, after plaintiffs had been notified by the defendants that they intended to* abandon the premises, and was for the rent accruing in June and December, 1898. Plaintiffs alleged that nothing but time was wanting to fix an absolute indebtedness, and that defendants, among other things, were about to dispose of their property with intent to defraud their creditors. Upon these allegations a writ of attachment issued, which was levied, upon certain property not necessary to be more particularly mentioned. A copy of the lease was attached to the petition.
In construing section 2017 of the Code of 1873, which provides that a landlord shall have a lien for his rent upon all crops grown upon the demised premises, and upon all other personal property of the tenant which has been used upon the premises, during the term, etc., we have uniformly held that the lien attaches to the property for the rent of the entire term, although it can only be enforced for rent due. See Martin v. Stearns, 52 Iowa, 345; Gilbert v. Greenbaum, 56 Iowa, 211; Merrit v. Fisher, 19 Iowa, 354. If appellees’ contention in this case be correct, then it follows that there should be no lien for rent until the premises are used and occupied under the lease. The cases of Bordman v. Osborn, 23 Pic. 295, and Stramann v. Scheeren, 7 Colo. App. 1 (42 Pac. Rep. 191), relied upon hy appellees, are not in point. In the former the question turned upon the construction of a statute making the stockholders of a corporation liable after ceasing to be such for any debt contracted by the corporation, or any debt so contracted by the corporation, or any debt so contracted which might have accrued while they were stocks holders, and it was held that no action could be maintained against a stockholder for the rent of a quarter which commenced after he had sold out his shares, although the lease was executed before such sale. Chief Justice Shaw, speaking for the court, said: “It is manifest that the whole quarter’s rent sued for in this action began to accrue after the defendant ceased to be a member.” He further says: “The court are of opinion that the liability of a retiring member is confined to debts, properly so called, at the time of his ceasing to be a member, and does not extend to executory contracts, not constituting a debt of the.corporation, payable presently or at a future time, at the time of such retirement. The statute
Doubtless these decisions are correct, but they give little light on the question now before us, which is the construction of section 1170 of McClain’s Code. It will be observed that it is not claimed that anything was due under the lease at the time the action was commenced. The allegation is that nothing but time was wanting to fix an absolute
Further claim is made that the existence of the debt depends upon the leSsees occupying the premises during the whole of the year 1898; whether or not they may be evicted prior to the expiration of the year 1898; whether or no-t they