Glover v. . Dail

CoNNOR, J. By virtue of the paper-writing executed by W. T. Forehand on 3 February, 1928, and duly recorded on 4 February, 1928, the plaintiff had a lien on all the crops to be grown on the land of defendant by the said W. T. Forehand during the year 1928. O. S., 2480. This lien was subject, of course, to the lien of defendant as landlord, on said crops. C. S., 2355. With respect to all other creditors of W. T. Forehand, this lien had priority. Under the contract between defendant and the said W. T. Forehand, in force at the date of the lien; the said W. T. Forehand had an interest in the crops which he could convey and on which he could give a valid statutory lien. No contract or agreement entered into by ¿nd between defendant and W. T. Forehand, with respect to the crops to be grown on defendant’s *661 land during 1928, subsequent to tbe date o£ tbe paper-writing, can affect tbe rights of plaintiff under bis lien. Tbis lien attached to and was enforceable against all crops, including tbe Irish potato crop, grown on defendant’s land by W. T. Forehand, during tbe year 1928. Plaintiff, therefore, bad a lien on tbe interest of W. T. Forehand in tbe Irish potato crop grown by him on defendant’s land, under tbe contract in force on 4 February, 1928, and entered into by and between defendant and tbe said W. T. Forehand. It is apparent from tbe facts agreed that tbis interest exceeded in value all amounts due by W. T. Forehand to tbe defendant, for which defendant, as landlord bad a prior lien. Defendant having received tbe value of tbis interest, and failed to account to plaintiff for same, is liable to plaintiff for tbe amount now due to tbe plaintiff by tbe said W. T. Forehand. We find no error in tbe judgment. It is Affirmed.