92 Ala. 612 | Ala. | 1890
Appellant sued out an attachment to enforce a landlord’s lien for advances made to defendant, his tenant, by C. A. Hall, a merchant, for which appellant became bound before the time the advances were made. The evidence, without conflict, shows the following facts : Defendant was the tenant of plaintiff during the year 1888. During that year, he purchased from Hall goods and supplies, of the character mentioned in the statute creating the landlord’s lien. Before Hall sold him any goods or supplies, plaintiff consented and agreed that Hall could sell the same to defendant on credit, and he would be responsible for the payment of the account; but defendant knew nothing of the arrangement between plaintiff and Hall, until about “gathering time,” when plaintiff informed him that he was responsible to Hall for the account, and requested defendant to pay the same, which he promised to do, and did pay twenty dollars thereon. Plaintiff has paid Hall the balance of the account.
The statute declares a lien in favor of the landlord “on the crop grown on rented lands, for rent for the current year, and for advances made in money, or other things of value, either by him directly, or by another at his instance or request, or for which he became legally bound or liable, at or before the time such advances were made, for the sustenance or well-being of the tenant or his family, or for preparing the ground for
But this rule is subject to modification. Though there may have been no previous request, the tenant’s ratification, after being informed that the landlord became liable to enable him to obtain the advances, will as effectually support the lien as if done at his special instance — the landlord paying the demand may recover as for money paid at the request of the-
Reversed and remanded.