Watt v. Scofield

• Decision Date: 31 January 1875
• Citation: 76 Ill. 261,1875 WL 8185
• Parties: ALEXANDER WATTv.BRYANT T. SCOFIELD.
• Court: Illinois Supreme Court

76 Ill. 261

1875 WL 8185 (Ill.)

ALEXANDER WATT

v.BRYANT T. SCOFIELD.

Supreme Court of Illinois.

January Term, 1875.

OPINION TEXT STARTS HERE

APPEAL from the Circuit Court of Hancock county; the Hon. JOSEPH SIBLEY, Judge, presiding.

Messrs. MACK & BAIRD, for the appellant.

Messrs. SCOFIELD & HOOKER, for the appellee.

Mr. JUSTICE SHELDON delivered the opinion of the Court:

This was an action of trover, brought by appellee, Scofield, against appellant, Watt, on the 23d day of February, 1871, for the alleged conversion of a quantity of corn.

The cause was tried by the court below, without a jury, upon an agreed statement of facts, whereby it appeared that one Kenny raised the corn in question, in the year 1870, on the farm of Scofield, in Hancock county, in this State, and demised by Scofield to Kenny for that year, under a written lease, at a cash rent of $660, to be paid November 25, 1870; that Watt, a merchant, residing and doing business at Elvaston, in said county, and one mile from the farm, about November 10, 1870, as agent of one Green, living without the State, bought from Kenny the corn, being 350 bushels, of the value of $90, which was then delivered and paid for; that Kenny, as such tenant, lived upon said farm with his family, and cultivated it during the year 1870; that the corn was raised by Kenny on said farm in that year; that Watt, at the time he purchased the corn, knew that Kenny was the tenant of Scofield, and raised the corn on the latter's farm as such tenant; that Kenny, on October 18, 1870, paid Scofield on the rent $277, and at the time of Watt's purchase Kenny was indebted to Scofield, for balance of rent, $383, which became due November 25, 1870, and he has ever since been so indebted, except $42 of it, which has been made, and that is all that could have been made, by distress or otherwise, since the sale to Watt; that Scofield, immediately after learning of the sale to Watt, on November 15, 1870, made demand on the latter for the corn, notifying him the rent had not been paid, and that he would be held responsible for the corn. The corn was not, at that time, in Watt's possession, but had been sent by him out of the State to market. Scofield did not issue his warrant to distrain for the rent until after the commencement of this suit.

The court found the issue for the plaintiff, and assessed his damages at $90, and rendered judgment therefor, and defendant appealed.

The main question presented is, whether the landlord can enforce his statutory lien upon crops against a purchaser from the tenant, who had notice that his vendor was such tenant and that the crop purchased was grown in that year on the demised premises.

Our Landlord and Tenant act provides that “every landlord shall have a lien upon the crops growing or grown upon the demised premises in any year, for rent that shall accrue for such year.” Another provision exempts from distress for rent the same articles of personal property which are by law exempt from execution, except the crops growing or grown upon the demised premises.

It is unnecessary to decide, here, how it might be with a bona fide purchaser without notice; but unless the purchaser of crops be such an one, we can have no doubt that he buys subject to this statutory lien.

And in this case we are of opinion that Watt was not a bona fide purchaser without notice.

A bona fide purchaser is one without notice of a prior claim or incumbrance. Robinson v. Rowan, 2 Scam. 499.

Watt knew, when he purchased...