Home >> Bouvier's Law Dictionary >> A Rsu R A to Alimony >> Agricultural Liens

Agricultural Liens

lien, stat and crops

AGRICULTURAL LIENS. Among these are, a lien of laborers upon crops for their wages, which is held superior to the lien of a mort gage of the crop, executed prior to the labor er's lien ; Watson v. May, 62 Ark. 435, 35 S. W. 1108; Irwin v. Miller, 72 Miss. 174, 16 South. 678 ; such a lieu applies in favor of the overseer of a farm ; Weise v. Rutland, 71 Miss. 933, 15 South. 38. Of a similar char acter is a statutory lien, given in some states, to persons furnishing agricultural supplies ; such liens are held to be superior to a con veyance of the property in payment of debt; Hewitt v. Williams, 47 La. Ann. 742, 17 South. 269; or to the claim of a mortgage; Carr v. Dail, 114 N. C. 284, 19 S. E. 235; or a chattel mortgage on the crop previously executed; McMahan v. Lundin, 57 Minn. 84, 58 N. W. 827.

A statutory lien on crops for advances to a farmer may be secured by agreement re corded, in Florida, Virginia, North Carolina, and Alabama ; it has priority in the first named state against all except laborers' liens, and in the two last named on all except a landlord's claim for rent, and in Alabama advances by landlord. An agreement merely in writing is sufficient in Tennessee, South Carolina, and Georgia ; 1 Stims. Am. Stat. L.

§ 1954.

The order of liens on crops in Louisiana is as follows : (1) labor ; (2) lessor ; (3) overseer; (4) pledges, in the order of record; (5) furnisher of supplies or money, and physician ; Laws, 1887, § 89. In Washing ton, farm laborers have a lien on crops su perior to the landlord, who also has a lien on crops for rent; Laws, 1886, 115.

In North Dakota a person furnishing grain for seed, or potatoes for planting, has a lien on the crop.

Liens are not affected by the bankrupt act, if given and accepted in good faith and for a present consideration. Their extent and validity are local questions and the of the courts of the state are binding upon the federal courts; Hiscock v. Bank, 206 S. 28, 27 Sup. Ct. 681, 51 L. Ed. 945.

As to the landlord's lien for rent, see LANDLORD AND TENANT, and for special stat utory provisions, see 1 Stims. Am. Stat. L. t§ 2034-39.

For various special liens created by stat ute, see 1 Stims. Am. Stat. L. art. 464.

See MORTGAGE; JUDGMENT; RECOGNIZANCE; IN REM ; INNKEEPER ; BAILMENT; BAILEE ; PRIVILEGE.