50 Ala. 30 | Ala. | 1873
This is an action of debt for rent, commenced by attachment. It was commenced by Morrison, the appellee in this court, against McDonald, who died before judgment in the court below; and the suit was revived in the name of Hunter, as the administrator of the estate of McDonald. The sheriff levied the attachment on a certain quantity of corn, which had been raised on the rented premises by McDonald during his term. This corn was sold by order of the court, and the proceeds in money were held by the sheriff, to await the termination of the suit for rent. In the mean time, before this sum realized from the sale of 1 the corn so attached was paid over to the plaintiff in the attachment, or into court for thfit purpose, the estate of McDonald was
The question here presented has already been determined by this court. The landlord has a lien on the crop grown on rented land, for the rent for the current year. This is a lien which grows out of the contract, and the process of attachment is allowed to enforce this lien. Rev. Code, § 2961. It is not created by the levy of the attachment, and it is not dissolved by the death of the defendant and the insolvency of his estate, so far as the crop grown on the rented land is concerned. McKinney v. Benagh, June term, 1872; head-notes, p. 68.
There was no error in the judgment of the court below. It is, therefore, affirmed.