Sec. 964. Tenant not to assign interest, when. No tenant for a term not exceeding two years, or at will, or by sufferance, is permitted to assign or transfer his term or interest, or any part thereof, to another, without the written assent of the landlord, or person holding under him.19 The courts of last resort in Kansas, under this statute, decided that a tenant for the term of one year, could not assign or transfer to another, any interest under his lease, without the assent of his landlord.20 Sec. 965. Landlord may re-enter, when. If any tenant violates the provisions of the preceding paragraph as to the assignment of his lease, the landlord, or person holding under him, after giving ten days' notice to quit possession, will have a right to re-enter the premises, and take possession thereof, and dispossess the tenant, subtenant or undertenant.21 Sec. 966. Conveyance by landlord-Payment of rent. The conveyance of real estate, or of any interest therein, by the landlord, is valid without the attornment of the tenant, but the payment of rent by the tenant to the grantor at any time before notice of sale, given to said tenant, will be good against the grantee.22 Sec. 967. Attornment of tenant void, when. The attornment of a tenant to a stranger is void, and will not affect the possession of his landlord, unless it be made with the consent of the landlord, or pursuant to a judgment at law, or order or decree of a court.2 The word "attornment" is synonymous with the word "consent. In this connection the statute means that a 19 Snyder, 4,085; Wilson, 3,333; Kansas, 3,855, identical. 20 Gano V. Prindle, 50 Pac. (Kan.) 110. 21 Snyder, 4,086; Wilson, 3,331. 22 Snyder, 4,087; Wilson, 3,332. 23 Snyder, 4,088; Wilson, 3,333. tenant cannot convey his interest in the land to a stranger without the consent of his landlord. Sec. 968. Sublessees. Sublessees have the same remedy upon the original covenant against the principal landlord, as they might have had against their immediate lessor.24 Sec. 969. Alienees of lessor and lessees. Alienees of lessors and lessees of land have the same legal remedies in relation to such lands as their principal.25 Sec. 970. Rents from life-grants, how recovered. Rents from land granted for life, or lives, may be recovered as other rents.20 Sec. 971. Arrears at death-May be recovered. A person entitled to rents dependent upon the life of another, may recover arrears unpaid at the death of that other.27 Sec. 972. Executors and administrators may recover rents. Executors and administrators are given the same remedy to recover rents, and are subject to the same liabilities to pay them, as their testators and intestates.28 Sec. 973. Occupants liable. The occupant, without special contract of any lands, is liable for the rent to any person entitled thereto.29 The action of the landlord in such case is for the use and occupation.30 24 Snyder, 4,089; Wilson, 3,334. 25 Snyder, 4,090; Wilson, 3,325; Kansas, 3,860, identical. 28 Snyder, 4,091; Wilson, 3,336. 27 Snyder, 4,092; Wilson, 3,337. 28 Snyder, 4,093; Wilson, 3,338. 29 Snyder, 4,094; Wilson, 3,339; Kansas, 3,864, identical. 30 Milliken v. Lockwood, 103 Pac. 124; Taylor's Landlord and Tenant, Sec. 373; Benton v. Beakey, 81 Pac. (Kan.) 196; Martin V. Allen, 74 Pac. (Kan.) 249. Sec. 974. Joint tenants. If a joint tenant, or tenant in common, or tenant in coparcenary, have, by consent, management of the estate, and make repairs and improvements with the knowledge and without objection of his cotenant and coparcener, such cotenant or coparcener will be required to contribute ratably thereto.31 Sec. 975. Joint tenant may recover against his cotenant. A joint tenant, or tenant in common, or tenant in coparcenary, may maintain an action against his cotenant, or coparcener, or their personal representatives, for receiving more than his just proportion of the rents and profits.32 Sec. 976. Estate in remainder or reversion. A person seized of an estate in remainder or reversion may maintain an action for waste or trespass, and for injury to the inheritance, notwithstanding an intervening estate for life or years. 33 Sec. 977. Rent for farm land-Lien on crop. Any rent due for farming land is by the statute made a lien on the crop growing or made on the premises. Such lien may be enforced by action and attachment therein, as provided by law.34 31 Snyder, 4,095; Wilson, 3,340. 32 Snyder, 4,096; Wilson, 3,341. 33 Snyder, 4,097; Wilson, 3,342; Kansas, 3,867, identical. 34 Snyder, 4,098; Wilson, 3,343; Kansas, 3,868, identical; First, etc, v. Rogers, 103 Pac. (Okla.) 582. In this latter case it was held that under the Arkansas law, one who raises a crop upon the land of another for a part of the crop, is not a tenant, but is a cropper or laborer. In an action to recover a quantity of wheat as crop rent, a rental of one-half of the crop, and that he purchased the wheat The landlord's lien will reach to the crop grown by a sublessee of the original tenant.35 The following terms of the lease will not divest the landlord of his lien: "to be paid at the time and from the proceeds of the first sale of broom corn that may be raised by lessee," and the lien of the landlord in such case will take priority over a chattel mortgage, given to secure advancements to pay for the harvesting of the crop.36 And when the crop is still on the leased premises, and the tenant sells, the lien prevails and attaches to every part of the crop. No writing is required to create a lien, nor need it be recorded, and the lien exists independent of the writ of attachment.37 Sec. 978. Share of crop as rent-Lessor's rights in. When any such rent is payable in a share or certain proportion of the crop, the lessor will be deemed the owner of such share or proportion, and may, if the tenant refuse to deliver him such share or proportion, enter upon the land and take possession of the same, or obtain possession by action of replevin.3 38 Sec. 979. Purchaser of crop liable for rent, when. A person entitled to rent may recover from the purchaser of the crop, or any part thereof, with notice of the lien, the value of the crop purchased, to the extent of rent due and damages.39 from plaintiff that was sown on the land. As the only substantial controversy between the parties was who furnished the seed, it was error to instruct the jury that the burden of proof was upon the defendant to show that he purchased from plaintiff the wheat which was sown. Boyles v. Bradley, 101 Pac. (Kan.) 477. 35 Berry v. Berry, 55 Pac. 348: Newfert v. Ames, 26 Kan. 516; Knowles v. Sells, 41 Kan. 171, 21 Pac. 102; Houghton v. Bauer, 70 36 Salina, etc., v. Burr, 52 Pac. (Kan.) 704; Scully v. Porter, 57 Kan. 322, 46 Pac. 313, 2 Kent's Com. 635. 37 Scully v. Porter, 46 Pac. 313; Knowles v. Sells, 21 Pac. (Kan.) 102. 38 Snyder, 4,099; Wilson, 3,344. 39 Snyder, 4,100; Wilson, 3,345; Kansas, 3,870, identical. When an action is brought under this statute for the unpaid rent, the burden of proof to show that the purchaser bought the crop with notice of the lien, lies upon the plaintiff, and actual notice of the lien is not necessary, 10 it being held that, if the purchaser has knowledge of the facts which would naturally excite inquiry, and which would reasonably lead to the knowledge of the lien, it is his duty to inquire, and testimony sufficient to require inquiry is testimony of notice.* Sec. 980. Landlord may attach, when. When any person who shall be liable to pay rent (whether the same be due or not, if it be due within one year thereafter, and whether the same be payable in money or other things), intends to remove, or is removing, or has, within thirty days, removed his property, or his crops, or any part thereof, from the leased premises, the person to whom the rent is owing may commence an action in the court having jurisdiction; and upon making affidavit stating the amount of rent for which such person is liable, and one or more of the above facts, and executing an undertaking as in other cases, an attachment will be required to issue in the same manner and with the like effect as is provided by law in other actions.41 In an action under this statute the practitioner should see to it that the affidavit comes within the provisions of the act, and the proof in such case will not justify levy on crop grown on other lands." 42 In a very recent decision, construing this section of the statute under consideration, it was said by the court that the persons against whom the statute authorizes attachment proceedings to be brought are not limited by the language of the statute to those who are liable for rents on farm lands, but applies to any person who shall be liable to pay rent, and who is removing 40 Mangum v. Stadel, 92 Pac. (Kan.) 1,093. * Ibid. 41 Snyder, 4,101; Wilson, 3,346; Kansas, 3,871, identical. 42 Greely V. (Okla.) 295. Greely, 73 Pac. |