The weekly Panola star. [volume] (Panola, Miss.) 1857-1881, 1873-01-11

ttHfFt "A4aHttEHA ~ kHH fAis
tsons sriaag between landlord ord
isassi are 6siIy becoming n mors
importance 70 planters, from the
nasbsf Of negroes that are nov
renting lAnd, Who formerly Nofksi
Tor = share 4 the crop. and The ter
dsney d sss farming inisfs., j. 10
ssrsuHsKs asls relationship, ahd 70
sever the eloss iiss heretofore exist.
ing between planters and her en-
fasgeeA Negroes are becoming
uese apv ding 70 bear aay close r.
streiion, sad sfs seeking 10 have ~
little connections with Inc planters
a. posSible.
There ave sArals isran gpaa
which lands are renisd ia this oasn-
'y-cou'rsets bsinr ms,is hr money
rent or for . part q TIE c-sp re-H
upon The prsmiss. e e. fsralrs b
the pEeaii~. wbsn the coniat;
Is q fired money reai. fhs rsaiisS-
ship u landlord snd scuant e sssa
ly GRATED withoai any res'rcsso-s
OF done', Dat wheu a part q tie
crop il ho puoo the terms 81 the
coutset and intention OF The
parties, IS shown in the contract,
govern as 10 whether their exists
this relationship. A very common
contract Is for A TO rent d so many
acres Of land for fifty pounds Of lint
cott9ngor for one.;hird, or one-fourth
OF The crop. In ease Of a contract
for . part Of the crop, It il necessary
that there should be a fixed monisd
valus'put upon the produce to be
paid as rent, to give the landlord
the right to dlstrain tor rent. How
ever there may exist the reIatioa
tionship Of landlord aud tenant, yet
with no power to distrain, so that
the landlord may have no other
remedy for the collection Of his debt
than on an ordinary account or note,
rs would be the case where the rent
is to be paid In repairs, part Of the
crop, or labor done, without putting
n fixed monied value upon the re,
pairs, part OF tho crop, or labor TO
be done, at the tune of making the
contract.
The important question to the
landlord Is to secure his rent tree
from all other claims. Until the
passage Of tho act Of the Legislature,
commonly knownss the Merchants
Lien Law approved February II,
1867, there was never any trouble
from this point, as the Code of 1857,
and the same provision is in our
present law, provided hat no officer
should make a levy Of any execution
upon any property Of a tenant until
one years rent was rendered the
landlord, 80 that judgments did not,
nor do now, have a preference over
a rent claim, But by the above.
mentioned act Of 1867, The right was
givento tax, deeds Of trust or mer-
chant liens on growing crops, or
crops to be grown within fifteen
motifs from date OF trust, aud the
Supreme Court oftlis State, held
in tho case Of Stamps vs.. Gilman &
Co, ia4Sd Mississippi Reports, page
456, that these deeds of trust held
preference over rent, or in other
words, that while a Judgment could
DOT attach to q growing crop, and
an execution could not be levied on
a tenant . property without tender
OF ono years rent, that a deed OF
trust O.. mortgage could and would
attach to a growing crop, and hold
the crop as against either the, land.
lord for rent orthe Judgment creditor.
Now there are two classes of
to come in contact with the
landlords claim. One is that of
creditors and the ether q
deed OF trust or mortgage. To meet
the first there is no difficulty. The
law giving the landlord the priority
and preference but to meet the,lat.
tor, the landlord must bare a prior
ity In date, or frat recorded, deed OF
trust or mortgage. Grin other words,
to give the landlord the FIRST claim
agaist all creditors, he must take a
deed OF trust or mortgage upon the
tenants crop and effects for bis rent.
If there is no mortgage or deed
OF trust taken upon the crop or ef-
fects Of the tenant, held by third
parties, then the landlord is safe
enough, resting on his right to dis.
train for rent, and having a prior
claim against Judgment creditors /;
bnt that moment bis claim comes ia
contact with a deed Of trust or
mortgage taken and recorded before
the saizue Of the crop or effects Of
tie tenant under an attachment for
ri. = 4t y q IA M go. NA|HU .LE