19 Iowa 354 | Iowa | 1865
The lien and the remedy thus given to the landlord, are purely statutory. It is a species of “ class ” legislation in-favor of landlords, granting them rights not given to creditors generally. It follows that, in availing himself of this special and extraordinary remedy, the landlord must take it just as the statutes give it to him. If it is not broad enough, in any given case, to suit his purposes, the usual and ordinary remedies of the law in favor of creditors, are also available to him.
Now rent is a certain profit, either in money, provisions, chattels, or labor issuing out of lands and tenements, in retribution or return for their use. Co. Litt., 144; followed 3 Kent Com., 460; Taylor, L. & T., § 369; Valentine v. Jackson, 9 Wend., 302; 3 Kent. Com., 483, n.
The other claims are for damages for failure to till land, and for breaches of covenants in parts of the agreement not connected with the demise of the land, for cows sold or converted, for the use of team, for the neglect to perform the cheese contract, &c., &c. These are not claims for rent within the meaning of the statute. They are ordinary causes of action for which the law has provided its ordinary remedies.
The last count,.averring as it does the failure to take; care of, and deliver the plaintiff the rent share of the oats,, is in our opinion a claim of such a nature, as would entitle the plaintiff to a landlord’s lien and attachment.
• Hence the court erred in sustaining the motion wholly. For this error the ruling appealed from is reversed.. If a disproportionate and unreasonable amount of property has been attached, and this is clearly made to appear, the excess can be discharged on motion made for that purpose
Reversed and remanded for further proceedings.
Reversed.