Payne v. Boutwell, 4 Div. 860

• Decision Date: 19 December 1935
• Docket Number: 4 Div. 860
• Citation: 164 So. 755,231 Ala. 311
• Parties: PAYNE v. BOUTWELL.
• Court: Alabama Supreme Court

164 So. 755

231 Ala. 311

PAYNE v. BOUTWELL.

4 Div. 860

Supreme Court of Alabama

December 19, 1935

Certiorari to Court of Appeals.

Petition of W.W. Boutwell for certiorari to the Court of Appeals to review and revise the judgment and decision of that court in Payne v. Boutwell, 164 So. 753.

Writ denied.

Rowe &amp Rowe, of Elba, for the motion.

M.A Owen, of Elba, and M.S. Carmichael, of Montgomery, opposed.

KNIGHT Justice.

This cause appears in this court on petition of W.W. Boutwell for writ of certiorari to the Court of Appeals, to review and revise the opinion and judgment of said court in the case of Payne v. Boutwell, 164 So. 753.

From the statement of the facts of the case, appearing in the opinion rendered in the cause by the Court of Appeals, it would seem that there was a balance of rent unpaid by the tenant during each of the years during which Vaughn was a tenant of Mr. Boutwell.

It is true, as held by the Court of Appeals, that for such balance in each of said years, the landlord had an enforceable lien upon the cattle grown or grazed during the year for the rent of that current year, and such lien was not extinguished at the end of the year, if the rent was not paid, but could be enforced at any time within the period of the statutes of limitations, viz., six years, against the cattle raised grazed, or grown during the year the rent accrued, except as against bona fide purchasers.

As we construe the finding of fact, and the opinion thereon, of the Court of Appeals, that court has reached a proper decision.

Inasmuch, however, as the Court of Appeals has reversed the case, and remanded it for another trial, we deem it proper to set forth our views more fully upon the law of the case.

The lien given the landlord under section 8894 of the Code upon all live stock raised, grown, or grazed upon rented lands for the rent of said lands for the current year was first enacted in 1919, and up to that time the landlords had no such right, lien, or remedy. This lien did not exist at common law.

The statute is not supplemented by any section similar to section 8801, relating to farm lands for rent and advances, nor is there any necessity for such a supplementary statute, in order to preserve the lien upon the cattle.

However, the lien given the owners of land upon live stock, under section 8894, is for the current year, but so long as there remains a balance due for rent of that current year, the landlord may enforce the lien for this balance upon the live stock "raised, grown or grazed" during that year, not extending beyond six years.

It would appear that new leases, or renewals of the original rental contract were made from year to year, extending to, and including, the year 1932.

It appears that claimant holds two mortgages against the tenant's cattle, one of which was recorded in February, 1930, and the second was recorded in December, 1930. Confessedly, these mortgages were subordinate in point of lien to any amounts then due, or to become due on the rental contract then existing. Chapman v. First National Bank of Montgomery, 98 Ala. 528, 13 So. 764, 22 L.R.A. 78.

A different rule would apply, however, where after the execution and recordation of the mortgages a new lease is executed covering a future term, all amounts due for prior rental terms having been paid. In such case,...