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Section 35-9-30 – Lien Declared.

Section 35-9-30 Lien declared. A landlord has a lien, which is paramount to, and has preference over, all other liens, on the crop grown on rented lands for rent for the current year, and for advances made in money, or other thing of value, either by him directly, or by another at his instance or […]

Section 35-9-31 – Maturity of Rent and Advances.

Section 35-9-31 Maturity of rent and advances. Unless otherwise stipulated, such rent and advances shall become due and payable on November 1 of the year in which the crop is grown. (Code 1876, §3468; Code 1886, §3057; Code 1896, §2704; Code 1907, §4735; Code 1923, §8800; Code 1940, T. 31, §16.)

Section 35-9-33 – Assignment of Claim for Rent and Advances.

Section 35-9-33 Assignment of claim for rent and advances. The claim of the landlord for rent and advances, or for either, may be by him assigned; and the assignee shall be invested with all the landlord’s rights, and entitled to all his remedies for their enforcement. (Code 1876, §3470; Code 1886, §3059; Code 1896, §2706; […]

Section 35-9-34 – When Lien May Be Enforced by Attachment.

Section 35-9-34 When lien may be enforced by attachment. The landlord, or his assignee, may have process of attachment for the enforcement of his lien for rent and advances, or either, when such rent and advances, or either, as the case may be, are due and the tenant fails or refuses, after demand made, to […]

Section 35-9-35 – Affidavit and Bond.

Section 35-9-35 Affidavit and bond. Before such attachment is issued, the plaintiff, or his agent or attorney must make affidavit, setting forth the amount that is or will be due for rent and advances, or either, as the case may be, or, if the rent is not payable in money, the value of the part […]

Section 35-9-36 – Issuance and Return of Attachment; Trial; Property Leviable.

Section 35-9-36 Issuance and return of attachment; trial; property leviable. Such attachment may be issued by any officer authorized to issue attachment in other cases, and made returnable before any court of competent jurisdiction, and must be tried in the same manner, and upon the same notice, as other attachment proceedings are tried, and may […]

Section 35-9-37 – Relation Between Party Furnishing Land and Party Furnishing Labor.

Section 35-9-37 Relation between party furnishing land and party furnishing labor. When one party furnishes the land and the other party furnishes the labor to cultivate it, with stipulations, express or implied, to divide the crop between them in certain proportions, the relation of landlord and tenant, with all its incidents, and to all intents […]

Section 35-9-38 – Failure or Refusal of Tenant to Plant Crop.

Section 35-9-38 Failure or refusal of tenant to plant crop. In any case in which a tenant of farm lands shall fail or refuse, without just cause or excuse, to prepare the land and plant his crops, or a substantial portion of such crops to be grown as are usually planted by that time, on […]

Section 35-9-39 – Levy Upon Crop of Subtenant.

Section 35-9-39 Levy upon crop of subtenant. When lands are cultivated by a subtenant, and an attachment or other process is sued out by the superior landlord, or his assignee, for the purpose of enforcing his lien for rent and advances, or either, the crop of the tenant in chief must first be exhausted, before […]