60 Iowa 449 | Iowa | 1883
Section 2017 of the Code provides that the “landlord shall have a lien for his rent upon all crops grown upon the demised premises.” This provision would, of course, be sufficient to enable the .landlord to follow the crop into the hands of a person who was a mere trespasser, but the defendant contends that it is not sufficient to enable the landlord to follow the crop into the hands of a purchaser. His argument is, that the tenant must, in the nature of the case, be allowed to market his crop, and, if so, that he must be allowed to give a good title. In support of his proposition he cites Grant v. Whitwell, 9 Iowa, 152, and Nesbit v. Bartlett, 14 Iowa, 485.
It is not easy, we think, to lay down any general rule which shall clearly distinguish between and reconcile all the decisions which have been made upon the subject of the landlord’s lien. In Grant v. Whitwell, it was held that, while a stock of goods kept merely for sale upon the demised premises is kept for use within the meaning of the statute, and so is subject to a lien in favor of the landlord, yet such lien does not follow the goods sold in the ordinary course of
We conclude, then, that the plaintiff had a lien as against the defendant, and it only remains to be determined whether he is entitled to maintain his action for damages. The evidence shows that when the corn was demanded by the plaintiff it had been consumed and could not be seized under the lien, nor the possession of it otherwise obtained. We think that whoever consumes or destroys personal property upon which another has a lien becomes liable to the lien-holder in damages.
Affirmed.