Grand Forks herald., 1917-03-09
Supreme Court Decision
OF Ransoua County.

00pA SA4AS SOSAA 0SSAS4OA1
OF Ransom County.
Minneapolis Iron Store Company.
plaintiff and Respondent, VS.. VIM.
Branum, Defendant; Monarch Ele-
yator Company, Garnishee, and In
ternational Harvester Company Of
America, Intervenor and Appel
liant
Syllabus: (1) Landlord and
Tenant Relation Defined. The words
landlord and tenant denote q we'll
understood legal relation existing be.
tween the lessor and the lessee of real
and is initiated by lease Cor agree
ment therefor), at will from year to
year, for a term Of years. or for life.
The lease or agreement expressly or
impliedly grants possession OF the
lands to the tenant, conveys to such
tenant an estate in the land at Will.
from year to year. for q term OF
years, or fer life as the case may be-.
The tenant at all times acknowiedees
to such land and the tenant acts in
subordination to the title Of the land.
in the landlord paying rent In some
form for the use and privilege OF oc-
cupation of such land.
(2) Master and Servant Defined.
A master is one who prescribes the
direction, the means and method OF
the work and who controls and di-
rects another, his servant, in the dis
discharge at will with or without
cause: a servant 10 .one who is en-
ployed to render personal services to
another, his master and who remains
in the discharge Of his duties under
the control and direction and subject
to the order of the master in the dis
charge Of the work and duties UNDER
taken.
(3) Landlord and Tenant Contract,
Nature Of Defined. Where one, the
owner of land. grants the use. occu-
patton and possession Of such land
to another for a year. or q tern OF
years for stipulated share Of the
crop each year for the use of said
land and such contract contains a
provision "that the title and posses
sion Of all crops or grain so raised
on said land during such time Of such
contract shall be and remain In the
that such contract creates the rela-
ton Of landlord and tenant and not
the relation Of master and servant;
that the contract Is one Of tenancy
and not one Of hiring.
(4) Landlord and Tenant, Contract
Between, Nature Of Lease. Covenant.
Lien. Where one the owner of land
by q written instrument grants the
use,, occupation and possession OF
term of years and as rent for the use
thereof is to receive a stipulated
share Of the crops or grain raised
thereon each year such . contract
constitutes q lease and the owner OF
such land is denominated tho land
lord and the person to whom said
land is let for use and occupation is
a tenant. Such lease conveys an
estate in such land to the tenant
LANDLORD and tenants are tenants in
common Of their crops and grain
grown or harvested on such land each
year during the time the lease con-
tinues in effect and whore such a con-
tract or lease contains . covenant
"that the title and possession Of all
crops and grain raised or harvested
on said land during tho time of
such lease shall remain in the land
vision thereof" Such q provision
operates and the effect thereof is to
create a lien on the tenants share
Of such crops in the nature Of a
chattel mortgage lien to secure the
advances II any of the landlord to
the tenant.
(5) One. A tenant Of lands upon
shares may give q chattel mortgage
upon his share Of the crops to be
as provided in accordance with the
law and such chattel mortgage will
attach to such share Of such crops
when such crops came into existence
and such crops will for tho purpose
Of the attaching of the chattel mort
gage Hen be deemed to be in exist
ence. at least, as soon as such crops
appear above ground and appear to
the natural senses to be in existence.
LANDLORD and tenant are each import
ant factors. The landlord because
he is the owner of the fee and fur
nished the land upon which the work
is to be done. The tenant is also q
very important factor as he does the
labor which brings the crop into ex-
istence and cultivates and cares for
1t until maturity and produces real
value; the crops Of grain produced
crops both tho landlord and tenant
have = property interest which is of
equal dignity and each should be
securely protected in his Property
rights.
(7) Garnishment. Where the ten
ants share OF grain, under the or
dinary lease containing q provision
that the title and possession Of all
crops shall remain in the landlord
until division" has been delivered to
an elevator without any division hav-
ing been made and storage tickets
are issued but arc held by the ele-
vator and such elevator IN served with
a garnishment process which in point
OF time is subsequent to q chattel
mortsase filed prior thereto against
tenants share Of such crops and
before division-such Earnishment
process and lien is junior and sub
ject to tho lien of q chattel mort
gage fled against said crop prior to
tho service Of tho 9arnishment pro-
cess ana lien and such chattel mort
gage attached to tho tenants share
Of said. crop and become q lien
thereon a. soon as such crop came
into existence and attaches to the
tenants share Of such crop at that
time. and not at tho time OF division
Of the crop and such chattel mort
gage IL . prior lien to the lien by at
tachment.
(syllabus by the court.)
Appeal from the district court of
Benson county. Hon. G.. W. Buttz, J.
Reversed and remanded.
Opinion Of the court by Grace. J..
OF Logan County.
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